
    The People of the State of New York, Appellant, v Alphonzo Snow, Respondent.
    Argued April 26, 1989;
    decided June 1, 1989
    
      APPEARANCES OF COUNSEL
    
      Howard R. Relin, District Attorney (Alan Cruikshank of counsel), for appellant.
    
      
      Donald M. Thompson for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the opinion by Justice Samuel Green at the Appellate Division (138 AD2d 217).

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