Judgment unanimously reversed, on the law, and indictment dismissed. Same memorandum as in People v Kendzia (appeal No. 1) (99 AD2d 657). (Appeal from judgment of Niagara County Court, DiFlorio, J. — grand larceny, second degree.) Present — Dillon, P. J., Boomer, Green, O’Donnell and Schnepp, JJ.