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Order unanimously modified on the law and as modified affirmed without costs, in accordance with same memorandum as in Pozzanghera v Anderson ([appeal No. 1], 136 AD2d 912 [decided herewith]). (Appeal from order of Supreme Court, Genesee County, Graney, J.—assault, false arrest.) Present—Dillon, P. J., Green, Balio and Lawton, JJ.