
    [681 NE2d 1292, 659 NYS2d 846]
    The People of the State of New York, Appellant, v Herman Chevalier, Respondent.
    Argued March 25, 1997;
    decided May 1, 1997
    
      APPEARANCES OF COUNSEL
    
      Robert M. Morgenthau, District Attorney of New York County, New York City (James P. Kane and Norman Barclay of counsel), for appellant.
    
      Ellen Dille, New York City, and Daniel L. Greenberg for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the opinion by Presiding Justice Francis T. Murphy at the Appellate Division (220 AD2d 114).

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