
    The People of the State of New York, Appellant, v Jerome Hickman, Respondent.
    Argued February 8, 1990;
    decided March 27, 1990
    
      APPEARANCES OF COUNSEL
    
      Howard R. Relin, District Attorney (Wendy Evans Lehmann of counsel), for appellant.
    
      Dana M. Ragsdale for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the memorandum of the Appellate Division (148 AD2d 937; see also, People v Saez, 69 NY2d 802).

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