482 N.E.2d 1221, 493 N.Y.S.2d 305

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY ALBINO, Appellant.

Court of Appeals of the State of New York.
Decided July 2, 1985

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Louis Neco, J.

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[EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

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Donald Chase for appellant.

Robert Morgenthau, District Attorney (Andrew J. Turro 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 reasons stated in the memorandum at the Appellate Division (104 A.D.2d 317).

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.