Decided February 15, 1983
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NICHOLAS TSOUCALAS, J., ANTHONY P. SAVARESE, JR., J.
Stephen R. Mahler for appellant.
John J. Santucci, District Attorney ( Ann B. Miele of counsel), for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed for reasons stated in the opinion by Justice GUY J. MANGANO at the Appellate Division ( 88 A.D.2d 386).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.