Opinion
Argued February 12, 1985
Decided March 26, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Warren E. Zittell, J.
Daniel J. Tuczinski for appellant.
Eugene Keeler, District Attorney ( William Cranna of counsel), for respondent.
Order affirmed for reasons stated in the memorandum at the Appellate Division ( 99 A.D.2d 592).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.