Opinion
Argued March 21, 1986
Decided April 29, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Francis J. Vogt, J.
Joseph M. Ingarra for appellant.
Michael Kavanagh, District Attorney (Joan Lamb and Michael Kirk of counsel), for respondent.
Order affirmed. The findings below of no joint investigation were not erroneous as a matter of law (see, People v Fuschino, 59 N.Y.2d 91, 99-100).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.