Opinion
Argued October 16, 1991
Decided November 19, 1991
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Kenneth Shorter, J.
Robert M. Morgenthau, District Attorney (Morrie I. Kleinbart and Norman Barclay of counsel), for appellant.
Stephen J. Harkavy and Marvin Bernstein for Jose Torres, respondent.
Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division ( 166 A.D.2d 228), and certified question not answered as unnecessary.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.