Opinion
Argued April 26, 1985
Decided May 28, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Bruce Ellison, J.
Samuel J. Castellino, Public Defender ( M. Joseph Danaher of counsel), for appellant.
James T. Hayden, District Attorney ( James G. Levin, III, of counsel), for respondent.
Order affirmed for reasons stated in the memorandum at the Appellate Division ( 103 A.D.2d 943).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.