
    [645 NE2d 1210, 621 NYS2d 511]
    The People of the State of New York, Appellant, v Leo Huurre, Respondent.
    Argued October 21, 1994;
    decided November 29, 1994
    
      APPEARANCES OF COUNSEL
    
      Francis D. Phillips, II, District Attorney of Orange County, Goshen (Laura J. Meehan of counsel), for appellant.
    
      Gary Schoer, Syosset, for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the opinion by Justice Charles B. Lawrence at the Appellate Division (193 AD2d 305).

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