Opinion
Decided May 7, 1991
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Robert Cohen, J.
Alexandra E. Trinkoff and Ira Mickenberg for appellant.
Robert T. Johnson, District Attorney (Patrick McCormick 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 the reasons stated in the memorandum of the Appellate Division ( 168 A.D.2d 328).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.