OPINION OF THE COURT
Order affirmed. On the state of the record before us, we cannot say as a matter of law that the Appellate Division erred.
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.
Argued November 16,1990;
decided December 18, 1990
*1001APPEARANCES OF COUNSEL
Charles J. Hynes, District Attorney (Sherry B. Bokser and Jay M. Cohen of counsel), for appellant.
Susan J. Feathers and Philip L. Weinstein for respondent.
OPINION OF THE COURT
Order affirmed. On the state of the record before us, we cannot say as a matter of law that the Appellate Division erred.
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.
76 N.Y.2d 1000
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