Opinion
Argued March 26, 1992
Decided April 30, 1992
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, John G. Turner, Jr., J.
Sol Greenberg, District Attorney (Michael J. Connolly of counsel), for appellant. Terence L. Kindlon for respondent.
Order affirmed for the reasons stated in the memorandum at the Appellate Division ( 173 A.D.2d 891).
Concur: Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge SIMONS.