Opinion
Argued November 15, 1985
Decided December 17, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Philip J. Chetta, J.
Howard Finkelstein for appellant.
John J. Santucci, District Attorney (Michael O'Brien of counsel), for respondent.
Order affirmed for reasons stated in the memorandum at the Appellate Division ( 106 A.D.2d 521).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.