PEOPLE v. GUERRERO

Order reversed, verdict reinstated and case remitted to Supreme Court, Kings County, for sentencing for reasons stated in the dissenting memorandum by then Justice Vito J. Titone at the Appellate Division ( 111 A.D.2d 350, 355-356; see also, People v Colon, 65 N.Y.2d 888).

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR. Taking no part: Judge TITONE.