Opinion
Argued January 12, 1994
Decided February 10, 1994
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Donald J. Mark, J.
Howard R. Relin, District Attorney of Monroe County, Rochester (Mark W. Pedersen of counsel), for appellant.
Melvin Bressler, Rochester, for respondent.
Order affirmed for the reasons stated in the memorandum of the Appellate Division ( 192 A.D.2d 1073).
Concur: Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK. Taking no part: Judge TITONE.