THE PEOPLE &C., APPELLANT, v. DAVE KELLY, RESPONDENT.

79 N.Y.2d 899, 590 N.E.2d 246, 581 N.Y.S.2d 661 (1992).
February 25, 1992

1 No. 130 SSM 9
Decided February 25, 1992

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Submitted by Paul Harnisch, for Appellant.
Submitted by Susan Allee, for Respondent.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order affirmed (People v Harrison, 57 NY2d 470, 477-479). Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur. Judge Alexander took no part.

THE PEOPLE &C., APPELLANT, v. DAVE KELLY, RESPONDENT.

79 N.Y.2d 899, 590 N.E.2d 246, 581 N.Y.S.2d 661 (1992). February 25, 1992

79 N.Y.2d 899, 590 N.E.2d 246, 581 N.Y.S.2d 661 (1992).
February 25, 1992