
    The People of the State of New York, Respondent, v Asa Smith, Appellant.
    Argued November 15, 1991;
    decided December 18, 1991
    
      APPEARANCES OF COUNSEL
    
      Ira Mickenberg for appellant.
    
      Robert M. Morgenthau, District Attorney (Hilary Hassler and James M. McGuire of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the memorandum at the Appellate Division (166 AD2d 385).

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