Opinion
Decided March 30, 1995
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Richard B. Lowe, III, J.
Stanley Neustadter, New York City, for appellant.
Robert M. Morgenthau, District Attorney of New York County, New York City (Morrie I. Kleinbart of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed for so much of the reasoning of the memorandum of the Appellate Division as concluded that "the permissive adverse inference charge given by the court was an appropriate exercise of discretion under the circumstances" ( 207 A.D.2d 288).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.