
    The People of the State of New York, Appellant, v Dwayne Rowe, Respondent.
    Argued March 23, 1990;
    decided April 26, 1990
    
      APPEARANCES OF COUNSEL
    
      Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for appellant.
    
      Edward J. Nowak, Public Defender (David Juergens of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed for reasons stated in the memorandum at the Appellate Division (152 AD2d 907).

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