OPINION OF THE COURT
Order affirmed for the reasons stated in the memorandum of the Appellate Division (249 AD2d 572). Concur: Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt.
The People of the State of New York, Respondent, v. Matthew Brooks, Appellant
93 N.Y.2d 862689 N.Y.S.2d 13711 N.E.2d 198
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