
    [711 NE2d 198, 689 NYS2d 13]
    The People of the State of New York, Respondent, v Matthew Brooks, Appellant.
    Argued February 9, 1999;
    decided March 25, 1999
    
      APPEARANCES OF COUNSEL
    
      Wesley E. McDermott, Ithaca, for appellant.
    
      George M. Dentes, District Attorney of Tompkins County, Ithaca (Gary U. Surdell of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the memorandum of the Appellate Division (249 AD2d 572).

Concur: Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt.  