Opinion
Argued October 11, 1989
Decided November 16, 1989
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Reed, J.
Edward J. Nowak, Public Defender (Yolanda Villa and Howard K. Broder of counsel), for appellant.
Howard R. Relin, District Attorney (Alan Cruikshank of counsel), for respondent.
Order affirmed for reasons stated in the memorandum of the Appellate Division ( 148 A.D.2d 940).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.