Opinion
Argued November 16, 1990
Decided December 18, 1990
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Gloria Goldstein, J.
Charles J. Hynes, District Attorney (Sherry B. Bokser and Jay M. Cohen of counsel), for appellant.
Susan J. Feathers and Philip L. Weinstein for respondent.
Order affirmed. On the state of the record before us, we cannot say as a matter of law that the Appellate Division erred.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.