
    The People of the State of New York, Appellant, v Kenneth R. Facey, Sr., Respondent.
    Argued February 9, 1987;
    decided March 17, 1987
    
      APPEARANCES OF COUNSEL
    
      Peter S. Blodgett, Assistant District Attorney, for appellant. Robert B. Shaad for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the opinion by former Justice Emmett J. Schnepp at the Appellate Division (115 AD2d 11).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa. Taking no part: Judge Alexander.  