Opinion
Argued September 7, 1989
Decided October 12, 1989
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Sol R. Dunkin, J.
John J. Santucci, District Attorney (Ivan Vogel and Beverly Kalman of counsel), for appellant.
John A. Cirando for respondent.
Order modified by reinstating the convictions and sentences for murder in the second degree and attempted robbery in the first degree and, as so modified, affirmed, for the reasons stated in the concurring in part and dissenting in part opinion by Justice Arthur D. Spatt at the Appellate Division ( 140 A.D.2d 44, 51-61).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.