Opinion
Argued April 26, 1985
Decided May 30, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Arthur D. Spatt, J.
Edward G. McCabe, County Attorney (Robert O. Boyhan of counsel), for appellant.
Joseph Famighetti and Anthony W. Cornachio for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 100 A.D.2d 924). Question certified answered in the affirmative.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.