OPINION OF THE COURT
Order affirmed for reasons stated in the memorandum at the Appellate Division (202 AD2d 1015).
Concur: Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine and Ciparick. Taking no part: Judge Simons.
[648 NE2d 782, 624 NYS2d 363]
Argued January 10, 1995;
decided February 9, 1995
*828APPEARANCES OF COUNSEL
Stacy Wolf, Albany, and Harry Edelstein, Haverstraw, for appellant.
Michael A. Arcuri, District Attorney of Oneida County, Utica (Raymond A. Tarkowski of counsel), for respondent.
OPINION OF THE COURT
Order affirmed for reasons stated in the memorandum at the Appellate Division (202 AD2d 1015).
Concur: Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine and Ciparick. Taking no part: Judge Simons.
85 N.Y.2d 826
648 NE2d 782
624 NYS2d 363
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