Opinion
Decided October 14, 1986
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Herbert I. Altman, J.
Robert M. Morgenthau, District Attorney (Donald J. Siewert of counsel), for respondent.
Robert S. Dean and Philip L. Weinstein for appellant.
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 ( 120 A.D.2d 437).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.