People v. Gaston (244 A.D.2d 889, 1997)

—Judgment unanimously reversed on the law and new trial granted. Same Memorandum as in People v McFadden (244 AD2d 887 [decided herewith]). (Appeal from Judgment of Monroe County Court, Maloy, J.—Robbery, 1st Degree.) Present—Denman, P. J., Green, Hayes, Balio and Fallon, JJ.