Opinion
Decided March 29, 1988
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Seymour Rotker, J.
Philip L. Weinstein and Arthur H. Hopkirk for appellant.
John J. Santucci, District Attorney (Ernest Burstein 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 reasons stated in the memorandum of the Appellate Division ( 133 A.D.2d 380).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.