
    The People of the State of New York, Appellant, v Stephen De Conto, Respondent.
    Argued September 11,1992;
    decided October 15,1992
    APPEARANCES OF COUNSEL
    
      Carl A. Vergari, District Attorney of Westchester County, White Plains (Richard E. Weill of counsel), for appellant.
    
      
      Joel Martin Aurnou, White Plains, for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the memorandum at the Appellate Division (172 AD2d 684).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa. Taking no part: Judge Smith.  