Argued September 10, 1986 Decided October 14, 1986 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alfred H. Kleiman, J. Oren Root, Jr., and Patrick M. Wall for appellant. Robert M. Morgenthau, District Attorney (Jeffrey Scott Sarokin and Norman Barclay of counsel), for respondent. MEMORANDUM. The order of the Appellate Division should be modified to the extent of remitting the case to Supreme Court, New York County, for a hearing on the branch of defendant's