People v. Penoyer
72 N.Y.2d 936
NY
1988
Check Treatment

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 Paul J. Yesawich, Jr., at the Appellate Division (135 AD2d 42).

*938Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.