Opinion
Decided February 14, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, John J. Clyne, J.
Michael J. Hutter for appellant.
Sol Greenberg, District Attorney ( Renee Z. Farnham 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 of the Appellate Division ( 103 A.D.2d 975).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.