554 N.E.2d 1277, 555 N.Y.S.2d 689
Court of Appeals of the State of New York.Argued March 23, 1990
Decided April 26, 1990
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Donald J. Marks, J.
Page 949
Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for appellant.
Edward J. Nowak, Public Defender (David Juergens of counsel), for respondent.
Order affirmed for reasons stated in the memorandum at the Appellate Division (152 A.D.2d 907).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.