
    The People of the State of New York, Appellant, v Samuel Rose, Respondent.
    Argued May 5,1992;
    decided June 11, 1992
    
      APPEARANCES OF COUNSEL
    
      Robert T. Johnson, District Attorney (Jonathan R. Walsh and Peter D. Coddington of counsel), for appellant.
    
      Stephen R. Scarborough and Philip L. Weinstein for respondent.
   OPINION OF THE COURT

Order affirmed (see, People v Dokes, 79 NY2d 656 [decided today]).

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