People v. Rice (156 A.D.2d 926, 1989)

Judgment unanimously reversed on the law, defendant’s plea vacated and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: In view of our decision in People v Rice (156 AD2d 925 [decided herewith]), this judgment must also be reversed (see, People v Fuggazzatto, 62 NY2d 862). (Appeal from judgment of Supreme Court, Onondaga County, Gorman, J. — criminal sale controlled substance, fifth degree.) Present — Dillon, P. J., Green, Pine, Lawton and Davis, JJ.