Decided June 11, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, David Levy, J.
Mario Merola, District Attorney ( Mark L. Freyberg of counsel), for appellant.
Abraham L. Clott and William E. Hellerstein 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 reasons stated in the opinion by Justice John Carro at the Appellate Division ( 107 A.D.2d 167; see also, People v Marin, 65 N.Y.2d 741; and People v Giuliano 65 N.Y.2d 766, decided herewith).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and TITONE. Taking no part: Judge ALEXANDER.