Opinion
Decided July 2, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Louis Neco, J.
Donald Chase for appellant.
Robert Morgenthau, District Attorney ( Andrew J. Turro of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed for reasons stated in the memorandum at the Appellate Division ( 104 A.D.2d 317).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.