Opinion
November 15, 1985
Present — Dillon, P.J., Denman, Boomer, O'Donnell and Schnepp, JJ.
Upon remittitur from the Court of Appeals, judgment unanimously affirmed. Memorandum: On remittitur from the Court of Appeals for determination of the facts (CPL 470.40 [b]), we hold that the jury verdict was not against the weight of the evidence. We choose not to exercise our discretion in the interest of justice.