
    The People of the State of New York, Respondent, v Robert Mendez, Appellant.
    Decided September 16, 1982
    
      APPEARANCES OF COUNSEL
    
      William E. Hellerstein and Barry S. Stendig for appellant.
    
      Mario Merola, District Attorney {Robert LeFevre of counsel), for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed and a new trial ordered (see People v Melendez, 55 NY2d 445).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.  