Opinion
Argued June 2, 1987
Decided July 2, 1987
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, A. Frederick Meyerson, J.
J. Kenneth O'Connor and Thomas T. Heney for appellant.
Elizabeth Holtzman, District Attorney (Michael Gore and Barbara D. Underwood of counsel), for respondent.
Order affirmed for reasons stated in the memorandum at the Appellate Division ( 123 A.D.2d 722).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.