
    The People of the State of New York, Respondent, v Theresa Kirk, Appellant.
    Decided July 8, 1986
    
      APPEARANCES OF COUNSEL
    
      John F. Middlemiss, Jr., and George Grun for appellant.
    
      Patrick Henry, District Attorney (Michael J. Miller of counsel), for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed for reasons stated in the memorandum of the Appellate Division (115 AD2d 758). Unlike People v Briggins (50 NY2d 302), there was here a fraudulent intent.

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