
    The People of the State of New York, Respondent, v Jeffrey Alling, Appellant.
    Argued November 17, 1986;
    decided December 16, 1986
    
      APPEARANCES OF COUNSEL
    
      Fernande Rossetti for appellant.
    
      Sol Greenberg, District Attorney (Paul A. Clyne of counsel), for respondent.
   OPINION OF THE COURT

Order reversed and a new trial ordered for the reasons stated in the dissenting memorandum by Justice Howard A. Levine at the Appellate Division (118 AD2d 960, 963-965).

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