THE PEOPLE &C., RESPONDENT, v. JEFF THOMAS, APPELLANT.

88 N.Y.2d 821, 666 N.E.2d 1364, 644 N.Y.S.2d 491 (1996).
April 25, 1996

2 No. 91[1996 NY Int. 90]
Decided April 25, 1996

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

Ronna Gordon-Galchus, for Appellant.
Cheryl Hone, for Respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

We affirm for the reasons stated by Presiding Justice Mangano at the Appellate Division (213 AD2d 73). We add that our decision in People v Smith (__ NY2d __ [2-8-96]) is not to the contrary. Smith stands for a different and more limited proposition involving waiver of inquiry with respect to pending criminal charges on an unrelated matter.

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

Order affirmed, in a memorandum. Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

THE PEOPLE &C., RESPONDENT, v. JEFF THOMAS, APPELLANT.

88 N.Y.2d 821, 666 N.E.2d 1364, 644 N.Y.S.2d 491 (1996). April 25, 1996

88 N.Y.2d 821, 666 N.E.2d 1364, 644 N.Y.S.2d 491 (1996).
April 25, 1996