Opinion
Argued March 18, 1988
Decided April 21, 1988
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Michael Bray for appellant.
Robert Abrams, Attorney-General (Francis V. Dow, O. Peter Sherwood and Peter H. Schiff of counsel), for respondent.
Judgment affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 126 A.D.2d 876).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.