Opinion
Argued January 4, 1985
Decided February 5, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Jack Rosenberg, J.
Sarah M. Burr and William E. Hellerstein for appellant.
Mario Merola, District Attorney ( Lee S. Gayer and Billie Manning of counsel), for respondent.
Order affirmed for reasons stated in the memorandum of the Appellate Division ( 99 A.D.2d 1012).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.