Opinion
Argued October 21, 1994
Decided November 29, 1994
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Pano Z. Patsalos, J.
Francis D. Phillips, II, District Attorney of Orange County, Goshen (Laura J. Meehan of counsel), for appellant.
Gary Schoer, Syosset, for respondent.
Order affirmed for the reasons stated in the opinion by Justice Charles B. Lawrence at the Appellate Division ( 193 A.D.2d 305).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.