
    The People of the State of New York, Respondent, v Juan J. Sarmiento, Appellant.
    Decided May 7, 1991
    
      APPEARANCES OF COUNSEL
    
      Alexandra E. Trinkoff and Ira Mickenberg for appellant.
    
      Robert T. Johnson, District Attorney (Patrick McCormick of counsel), 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 the reasons stated in the memorandum of the Appellate Division (168 AD2d 328).

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