
    The People of the State of New York, Respondent, v Richard McGrath, Appellant.
    Argued November 22, 1988;
    decided December 20, 1988
    
      APPEARANCES OF COUNSEL
    
      Peter Gerstenzang and Stuart I. Greenberg for appellant.
    
      Francis D. Phillips, II, District Attorney (Barbara J. Strauss of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the opinion by Justice Arthur D. Spatt at the Appellate Division (135 AD2d 60).

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