Opinion
Argued January 8, 1987
Decided February 10, 1987
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, James Leff, J.
Robert M. Morgenthau, District Attorney (Carol Gette and Mark Dwyer of counsel), for appellant.
Herald Price Fahringer and Diarmuid White for Gary Rothman, respondent.
Gino Josh Singer and Joseph R. Benfante for Joseph Tekulve, respondent.
Orders affirmed for the reasons stated in the memorandum of the Appellate Division ( 117 A.D.2d 535).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.