Opinion
Argued April 26, 1989
Decided June 1, 1989
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Andrew G. Celli, J.
Howard R. Relin, District Attorney (Alan Cruikshank of counsel), for appellant. Donald M. Thompson for respondent.
Order affirmed for the reasons stated in the opinion by Justice Samuel Green at the Appellate Division ( 138 A.D.2d 217).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.