
    In the Matter of Jose Torres, Respondent. The People of the State of New York, Appellant, et al., Respondent.
    Argued October 16, 1991;
    decided November 19, 1991
    
      APPEARANCES OF COUNSEL
    
      Robert M. Morgenthau, District Attorney (Morrie I. Kleinbart and Norman Barclay of counsel), for appellant.
    
      Stephen J. Harkavy and Marvin Bernstein for Jose Torres, respondent.
   OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division (166 AD2d 228), and certified question not answered as unnecessary.

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