
    [633 NE2d 479, 611 NYS2d 125]
    The People of the State of New York, Appellant, v Michael Bayusik, Respondent.
    Argued January 12, 1994;
    decided February 10, 1994
    
      APPEARANCES OF COUNSEL
    
      Howard R. Relin, District Attorney of Monroe County, Rochester (Mark W. Pedersen of counsel), for appellant.
    
      Melvin Bressler, Rochester, for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the memorandum of the Appellate Division (192 AD2d 1073).

Concur: Chief Judge Kaye and Judges Simons, Bellacosa, Smith, Levine and Ciparick. Taking no part: Judge Titone.  