
    [650 NE2d 1316, 627 NYS2d 315]
    The People of the State of New York, Respondent, v Chris Gibbs, Appellant.
    Decided March 30, 1995
    
      APPEARANCES OF COUNSEL
    
      Stanley Neustadter, New York City, for appellant.
    
      Robert M. Morgenthau, District Attorney of New York County, New York City (Morrie I. Kleinbart 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 so much of the reasoning of the memorandum of the Appellate Division as concluded that "the permissive adverse inference charge given by the court was an appropriate exercise of discretion under the circumstances” (207 AD2d 288).

Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.  