
    The People of the State of New York, Respondent, v Jerome McMillian, Appellant.
   Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gold-stein, J.), rendered October 16, 1984.

Ordered that the judgment is affirmed (see, People v Pellegrino, 60 NY2d 636; People v Harris, 61 NY2d 9; People v Kazepis, 101 AD2d 816). Mangano, J. P., Bracken, Niehoff, Kooper and Spatt, JJ., concur.  