Opinion
Decided March 22, 1988
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Harry Edelstein, J.
Reuben Ortenberg for appellant. Kenneth Gribetz, District Attorney (Janice Gittelman of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed for the reasons stated in the memorandum at the Appellate Division ( 133 A.D.2d 852).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.