Opinion
Argued February 6, 1986
Decided March 18, 1986
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Joseph Slavin, J.
Elizabeth Holtzman, District Attorney (Brian D. Foley, Barbara D. Underwood and Sarah G. Noll of counsel), for appellant.
Alan S. Axelrod and Philip L. Weinstein for respondent.
Order affirmed for the reasons stated in the memorandum at the Appellate Division ( 110 A.D.2d 730).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.