
    [641 NE2d 1073, 617 NYS2d 455]
    The People of the State of New York, Respondent, v George Irizarry, Appellant.
    Decided September 22, 1994
    
      APPEARANCES OF COUNSEL
    
      Francis P. Karam, New York City, for appellant.
    
      Robert T Johnson, District Attorney of Bronx County, Bronx (Raphael J. Berman of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Defendant appeals by permission of a dissenting Associate Justice of the Appellate Division. Since the determination below involves an undisturbed mixed question of law and fact, which finds support in the record, we therefore affirm.

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

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.  