
    [666 NE2d 1364, 644 NYS2d 491]
    The People of the State of New York, Respondent, v Jeff Thomas, Appellant.
    Argued March 21, 1996;
    decided April 25, 1996
    
      APPEARANCES OF COUNSEL
    
      Ronna Gordon-Galchus, Bayside, for appellant.
    
      Richard A. Brown, District Attorney of Queens County, Kew Gardens (Cheryl Hone and Steven J. Chananie of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We affirm for the reasons stated by Presiding Justice Mangano at the Appellate Division (213 AD2d 73). We add that our decision in People v Smith (87 NY2d 715) is not to the contrary. Smith stands for a different and more limited proposition involving waiver of inquiry with respect to pending criminal charges on an unrelated matter.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

Order affirmed in a memorandum.  