Opinion
Argued March 27, 1990
Decided May 1, 1990
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Joseph Calabretta, J.
Patrick Michael McKenna and Alan Schneier for appellant.
John J. Santucci, District Attorney (Annette Cohen of counsel), for respondent.
Order affirmed for reasons stated in the memorandum at the Appellate Division ( 148 A.D.2d 637).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.