
    Michael S. Smith, Appellant, v State of New York, Respondent.
    Decided May 5, 1983
    
      APPEARANCES OF COUNSEL
    
      Jeremiah J. Moriarty III, for appellant.
    
      
      Robert Abrams, Attorney-General (Peter J. Dooley of counsel), for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (91 AD2d 1181).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, FutiHSBERG and Meyer. Taking no part: Judge Simons.  