Opinion
Decided June 14, 1995
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Daniel F. FitzGerald, J.
Diane E. Courselle, New York City, and E. Joshua Rosenkranz for appellant.
Robert M. Morgenthau, District Attorney of New York County, New York City (Patrick J. Hynes 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 (see, People v Washington, 86 N.Y.2d 189 [decided today]).
Concur: Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK. Judge TITONE dissents for the reasons stated in his dissenting opinions in People v Washington ( 86 N.Y.2d 189 [decided today]) and People v Carpenter ( 85 N.Y.2d 1016 [decided today]).