Opinion
Decided May 15, 1984
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Joseph Harris, J.
Sol Greenberg, District Attorney ( George H. Barber of counsel), for appellant.
E. Stewart Jones, Jr., 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 the reasons stated in the memorandum of the Appellate Division ( 98 A.D.2d 946).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.