The opinion
Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oneida County Court for resentencing in accordance with the same Memorandum as in People v Brown ( 254 AD2d 781 [decided herewith]). (Appeal from Judgment of Oneida County Court, Buckley, J. — Attempted Sexual Abuse, 1st Degree.) Present — Pine, J. P., Lawton, Pigott, Jr., Callahan and Boehm, JJ.