
    The People of the State of New York, Respondent, v. Vito Andriacco, Defendant, and Joseph Ventura, Appellant.
   Judgment unanimously reversed on the law and facts and indictment dismissed in accordance with the Memorandum in People v. Andriacco decided herewith (29 A D 2d 733). (Appeal from judgment of Erie County Court convicting defendant of violation of section 974 of the Penal Law, a misdemeanor.) Present — ■ Williams, P. J., Bastow, Henry, Del Vecchio and Marsh, JJ.  