Opinion
Argued February 8, 1990
Decided March 27, 1990
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Robert P. Kennedy, J.
Howard R. Relin, District Attorney (Wendy Evans Lehmann of counsel), for appellant.
Dana M. Ragsdale for respondent.
Order affirmed for the reasons stated in the memorandum of the Appellate Division ( 148 A.D.2d 937; see also, People v Saez, 69 N.Y.2d 802).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.