Opinion
Decided April 2, 1996
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Frank Diaz, J.
Susan E. Kriete, New York City, and Daniel L. Greenberg for appellant.
Robert T. Johnson, District Attorney of Bronx County, Bronx (Karin R. Vandevenne and Robert L. Moore 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 so much of the memorandum of the Appellate Division as pertains to charging the lesser included offense ( 216 A.D.2d 63).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.