Opinion
Argued February 9, 1987
Decided March 17, 1987
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, John V. Aylward, J.
Peter S. Blodgett, Assistant District Attorney, for appellant.
Robert B. Shaad for respondent.
Order affirmed for the reasons stated in the opinion by former Justice Emmett J. Schnepp at the Appellate Division ( 115 A.D.2d 11).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge ALEXANDER.