Opinion
Decided February 4, 1988
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Yorka C. Linakis, J.
John J. Santucci, District Attorney (Ivan Vogel of counsel), for appellant.
Arthur H. Hopkirk and Philip L. Weinstein for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed for the reasons stated in the memorandum of the Appellate Division ( 133 A.D.2d 175).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA. Taking no part: Judge TITONE.