People v. Liszka , 156 A.D.2d 1021 ( 1989 )

Judgment unanimously modified on the law and as modified affirmed, in accordance with same memorandum as in People v Liszka ([appeal No. 1] 156 AD2d 1021 [decided herewith]). (Appeal from judgment of Erie County Court, Wolfgang, J. — burglary, second degree.) Present — Boomer, J. P., Green, Pine, Lawton and Davis, JJ.