
    [655 NE2d 393, 631 NYS2d 280]
    The People of the State of New York, Respondent, v Steven Smith, Appellant.
    Decided June 14, 1995
    APPEARANCES OF COUNSEL
    
      Henry R. Deutsch, New York City, and Daniel L. Greenberg for appellant.
    
      
      Robert M. Morgenthau, District Attorney of New York County, New York City (Patrick J. Hynes 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 (see, People v Washington, 86 NY2d 189 [decided today]).

Concur: Chief Judge Kaye and Judges Simons, Bellacosa, Smith, Levine and Ciparick. Judge Titone dissents for the reasons stated in his dissenting opinions in People v Washington (86 NY2d 189 [decided today]) and People v Carpenter (85 NY2d 1016 [decided today]).  