Opinion
Decided September 19, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Joseph F. Farlo, J.
Susan Hofkin Salomon and William E. Hellerstein for appellant.
John J. Santucci, District Attorney ( Susan C. Kramer 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 ( see, People v Castro, 65 N.Y.2d 683, affg 101 A.D.2d 392).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.