
    The People of the State of New York, Respondent, v Ronald M. Penoyer, Appellant.
    Decided September 13, 1988
    
      APPEARANCES OF COUNSEL
    
      Peter E. Smith for appellant.
    
      Neal P. Rose, District Attorney, for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed for reasons stated in the opinion by Justice Paul J. Yesawich, Jr., at the Appellate Division (135 AD2d 42).

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