
    The People of the State of New York, Appellant, v Richard Akptotanor, Respondent.
    Argued November 16,1990;
    decided December 18, 1990
    
      APPEARANCES OF COUNSEL
    
      Charles J. Hynes, District Attorney (Sherry B. Bokser and Jay M. Cohen of counsel), for appellant.
    
      Susan J. Feathers and Philip L. Weinstein for respondent.
   OPINION OF THE COURT

Order affirmed. On the state of the record before us, we cannot say as a matter of law that the Appellate Division erred.

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