Opinion
Argued February 20, 1984
Decided March 22, 1984
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Isaac Rubin, J., Daniel F. McMahon, J.
Rebecca A. Schenk and Stephen J. Pittari for appellant.
Carl A. Vergari, District Attorney ( Maryanne Luciano, Gerald D. Reilly and Anthony J. Servino of counsel), for respondent.
Order affirmed for reasons stated in the memorandum at the Appellate Division ( 92 A.D.2d 550).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.