Opinion
Argued January 12, 1988
Decided February 4, 1988
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert J. Feinberg, J.
J. Byron O'Connell for appellant.
Andrew Ryan, Jr., District Attorney (Valerie Friedlander of counsel), for respondent.
Order affirmed for reasons stated in the opinion by Justice John T. Casey at the Appellate Division ( 128 A.D.2d 177).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA. Taking no part: Judge TITONE.