
    The People of the State of New York, Appellant, v James S. Peet, Respondent.
    Argued February 4, 1985;
    decided March 19, 1985
    
      APPEARANCES OF COUNSEL
    
      James T. Hayden, District Attorney, for appellant.
    
      Samuel J. Castellino, Public Defender (Joseph J. Balok, Jr., of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed for reasons stated in the memorandum of the Appellate Division (101 AD2d 656; see also, People v Cicciari, 107 Misc 2d 733).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander.  