Opinion
Argued September 9, 1986
Decided October 9, 1986
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Robert Roberto, J.
Edward T. O'Brien, Acting County Attorney (Robert O. Boyhan of counsel), for appellant.
Carl S. Levine and Kenneth L. Robinson for respondent.
Order affirmed, with costs, for reasons stated in the opinion by the late Justice David T. Gibbons at the Appellate Division ( 113 A.D.2d 595). Question certified answered in the affirmative.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.