
    The People of the State of New York, Appellant, v Gary H. Vollick, Respondent.
    Argued February 9, 1990;
    decided March 22, 1990
    
      APPEARANCES OF COUNSEL
    
      Howard R. Relin, District Attorney (Robert Mastrocola of counsel), for appellant.
    
      J. Michael Jones and Peter K. Skivington for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the memorandum of the Appellate Division (148 AD2d 950).

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