Opinion
Decided September 16, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ROBERT M. HAFT, J.
William E. Hellerstein and Debra Marcus for appellant.
Robert M. Morgenthau, District Attorney ( Julie Copeland of counsel), for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed. The factual finding of the courts below, based as it is upon the reasonable inferences that may be drawn from the record, will not be disturbed by this court ( People v Wharton, 46 N.Y.2d 924).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.