OPINION OF THE COURT
Order affirmed for reasons stated in the memorandum at the Appellate Division (103 AD2d 943).
Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander. Taking no part: Judge Titone.
Argued April 26, 1985;
decided May 28, 1985
*664APPEARANCES OF COUNSEL
Samuel J. Castellino, Public Defender (M. Joseph Danaher of counsel), for appellant.
James T. Hayden, District Attorney (James G. Levin, III, of counsel), for respondent.
OPINION OF THE COURT
Order affirmed for reasons stated in the memorandum at the Appellate Division (103 AD2d 943).
Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander. Taking no part: Judge Titone.
65 N.Y. 663
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