
    The People of the State of New York, Respondent, v Frank Stefano, Appellant.
    (Appeal No. 2.)
   — Judgment unanimously reversed on the law, plea vacated and defendant remanded to Supreme Court, Erie County, for further proceedings on the indictment. Same memorandum as in People v Stefano ([appeal No. 1] 134 AD2d 906 [decided herewith]). (Appeal from judgment of Supreme Court, Erie County, Marshall, J. — robbery, first degree, and attempted robbery, first degree.) Present — Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.  