Decided July 2, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Nicholas Tsoucalas, J.
Robin J. Nichinsky and William E. Hellerstein for appellant.
John J. Santucci, District Attorney ( Jeanette Lifschitz of counsel), 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 the reasons stated in the Per Curiam opinion at the Appellate Division ( 107 A.D.2d 35).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.