
    The People of the State of New York, Appellant, v Dennis Monsanto, Respondent.
    Argued January 6, 1981;
    decided February 10, 1981
    
      APPEARANCES OF COUNSEL
    
      Robert M. Morgenthau, District Attorney (David H. Steiner and Norman Barclay of counsel), for appellant.
    
      Mark Lemle Amsterdam for respondent.
   OPINION OF THE COURT

Order affirmed for reasons stated in the memorandum at the Appellate Division (73 AD2d 576).

Concur: Chief Judge Cooke and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Meyer. Judge Jasen dissents and votes to reverse for the reasons stated in the dissenting memoranda of Justices Leonard H. Sandler and Samuel J. Silverman at the Appellate Division (73 AD2d 577-578, 578-582).  