Opinion
Argued May 14, 1982
Decided June 15, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, W. EUGENE SHARPE, J.
John J. Santucci, District Attorney ( William Schrager, Deborah Carlin Stevens and Barry A. Schwartz of counsel), for appellant.
Peter R. Cooperman for respondent.
Order affirmed for the reasons stated in the opinion by former Justice JAMES D. HOPKINS at the Appellate Division ( 81 A.D.2d 418).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.