
    [670 NE2d 446, 647 NYS2d 162]
    The People of the State of New York, Respondent, v James Montgomery, Appellant.
    Argued June 6, 1996;
    decided June 28, 1996
    
      APPEARANCES OF COUNSEL
    
      Yasmin Daley Duncan, Brooklyn, for appellant.
    
      Michael E. Bongiorno, District Attorney of Rockland County, New City (Lisa B. Cohen of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed for reasons stated in the memorandum at the Appellate Division (213 AD2d 563).

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