THE PEOPLE &C., APPELLANT, v. SAMUEL ROSE, RESPONDENT.

80 N.Y.2d 802, 599 N.E.2d 690, 587 N.Y.S.2d 286 (1992).
June 11, 1992

1 No. 112
Decided June 11, 1992
This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Jonathan R. Walsh, for Appellant.
Stephen R. Scarborough, for Respondent.

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

Order affirmed (see, People v Dokes, ___ NY2d ___, decided today). Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur.