
    The People of the State of New York, Appellant, v Michael Gotthainer, Respondent.
    Argued November 17, 1981;
    decided December 15, 1981
    
      APPEARANCES OF COUNSEL
    
      Patrick Henry, District Attorney (Mark D. Cohen and James J. O’Rourke of counsel), for appellant.
    
      John Joseph Sutter and Ruth C. Balkin for respondent.
   OPINION OF THE COURT

Order affirmed for reasons stated in the memorandum at the Appellate Division (80 AD2d 922).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  