OPINION OF THE COURT
Order affirmed for the reasons stated in the opinion by Presiding Justice Francis T. Murphy at the Appellate Division (220 AD2d 114). Concur: Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley.
The People of the State of New York, Appellant, v. Herman Chevalier, Respondent
89 N.Y.2d 1050659 N.Y.S.2d 846681 N.E.2d 1292
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