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 reasons stated in the opinion by Justice John Carro at the Appellate Division (107 AD2d 167; see also, People v Marin, 65 NY2d 741; and People v Giuliano, 65 NY2d 766, decided herewith).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Titone. Taking no part: Judge Alexander.