Opinion
Decided September 13, 1988
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, William F. O'Brien, III, J.
Peter E. Smith for appellant.
Neal P. Rose, District Attorney, 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 reasons stated in the opinion by Justice Paul J. Yesawich, Jr., at the Appellate Division ( 135 A.D.2d 42).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.