Opinion
Decided July 7, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, STEPHEN SMYK, J.
Patrick D. Monserrate, District Attorney, for appellant.
Scott C. Gottlieb for respondent.
On summary consideration, order affirmed for reasons stated in that portion of the memorandum at the Appellate Division which held that the court's charge on conspiracy constituted reversible error.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.