Opinion
Submitted September 10, 1990
Decided September 19, 1990
On the Court's own motion, remittitur recalled and when returned, it will be amended to read as follows: Appeal dismissed upon the ground that the criminal prosecution has abated by reason of defendant's death (People v Ellis, 71 N.Y.2d 1012; People v Mintz, 20 N.Y.2d 753, 770).