Opinion
Decided January 11, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALLEN MURRAY MYERS, J., RICHARD G. DENZER, J.
Carol A. Zeldin and William E. Hellerstein for appellant. Robert M. Morgenthau, District Attorney ( Marc Frazier Scholl and Norman Barclay of counsel), for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed for reasons stated in the memorandum of the Appellate Division ( 88 A.D.2d 879).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge SIMONS.