
    The People of the State of New York, Appellant, v Menthorn W. Robinson, III, Respondent.
    Argued February 8, 1990;
    decided March 22, 1990
    
      APPEARANCES OF COUNSEL
    
      Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for appellant.
    
      Edward J. Nowak, Public Defender (Peter J. Pullano of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the opinion by Presiding Justice Michael F. Dillon at the Appellate Division (145 AD2d 184).

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