
    [666 NE2d 1050, 644 NYS2d 137]
    The People of the State of New York, Respondent, v Santos Ruiz, Appellant.
    Decided April 2, 1996
    
      APPEARANCES OF COUNSEL
    
      Susan E. Kriete, New York City, and Daniel L. Greenberg for appellant.
    
      Robert T. Johnson, District Attorney of Bronx County, Bronx (Karin R. Vandevenne and Robert L. Moore 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 for the reasons stated in so much of the memorandum of the Appellate Division as pertains to charging the lesser included offense (216 AD2d 63).

Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.  