Opinion
Decided September 29, 1983
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN S. CONABLE, J.
Norman P. Effman for appellant.
Richard J. Arcara, District Attorney ( John J. De Franks 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, without costs, for the reasons stated in the memorandum of the Appellate Division ( 96 A.D.2d 757).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.