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Full opinion text

Judgment unanimously reversed reversed on the law and defendant remanded to Chautauqua County for further proceedings, in accordance with same memorandum as in People v Zeth ([appeal No. 1] 148 AD2d 960 [decided herewith]). (Appeal from judgment of Chautauqua County Court, Adams, J. — assault, second degree; arson, third degree.) Present — Doerr, J. P., Denman, Pine, Balio and Lawton, JJ.