Opinion
Argued April 24, 1985
Decided May 28, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, M. Andrew Dwyer, Jr., J.
Mark B. Harris for appellant.
Charles J. Wilcox, District Attorney ( Richard L. Nabozny of counsel), for respondent.
Order affirmed for the reasons stated in the memorandum of the Appellate Division insofar as it deals with the defense of justification ( 101 A.D.2d 981).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.