
    The People of the State of New York, Appellant, v Vincent DiNicolantonio, Respondent.
    Argued September 7, 1989;
    decided October 12, 1989
    
      APPEARANCES OF COUNSEL
    
      John J. Santucci, District Attorney (Ivan Vogel and Beverly Kalman of counsel), for appellant.
    
      John A. Cirando for respondent.
   OPINION OF THE COURT

Order modified by reinstating the convictions and sentences for murder in the second degree and attempted robbery in the first degree and, as so modified, affirmed, for the reasons stated in the concurring in part and dissenting in part opinion by Justice Arthur D. Spatt at the Appellate Division (140 AD2d 44, 51-61).

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