OPINION OF THE COURT

Order affirmed for the reasons stated in the memorandum at the Appellate Division (107 AD2d 821). In addition, we would note that unlike People v Warren (66 NY2d 831) the defendant here came dangerously close to the accomplishment of the act in view of his seizure of the victim and the circumstances surrounding the seizure.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.