Opinion
Decided May 7, 1987
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Seymour Lakritz, J.
John J. Santucci, District Attorney (Annette Cohen of counsel), for appellant.
David C. Yamada 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 ( 123 A.D.2d 399).
Concur: Chief Judge WACHTLER and Judges SIMONS, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge KAYE.