
    The People of the State of New York, Respondent, v Thomas G. Strassner, Appellant.
   Judgment unanimously reversed on the law, defendant’s motion granted, and defendant remanded to Livingston County Court for further proceedings on the indictment. Same memorandum as in People v Strassner (142 AD2d 954 [decided herewith]). (Appeal from judgment of Livingston County Court, Cicoria, J.—rape, first degree.) Present—Dillon, P. J., Doerr, Green, Pine and Davis, JJ.  