Decided September 19, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Joseph F. Farlo, J.
Susan Hofkin Salomon and William E. Hellerstein for appellant.
John J. Santucci, District Attorney ( Susan C. Kramer of counsel), for respondent.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.