Opinion
Decided May 8, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, James J. Battisti, Jr., J.
James F. Keefe for appellant.
Seymour Meadow, District Attorney (Mary Dawn Herkenham 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 the reasons stated in the memorandum at the Appellate Division ( 114 A.D.2d 594). We would only add that People v Tindle ( 61 N.Y.2d 752) does not compel a different result inasmuch as the prosecutor in that case actually made a recommendation that the court consider the severity of defendant's criminal conduct in imposing sentence (cf. People v Torres, 67 N.Y.2d 659, modfg 108 A.D.2d 680).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.