
    The People of the State of New York, Appellant, v Timothy Perry, Respondent.
    Argued May 29, 1987;
    decided June 30, 1987
    
      APPEARANCES OF COUNSEL
    
      Stephen R. Sirkin, District Attorney (Valerie Friedlander of counsel), for appellant.
    
      Richard W. Youngman for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the memorandum at the Appellate Division (123 AD2d 492).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.  