Opinion
Argued November 14, 1985
Decided December 17, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, William Rigler, J.
Andrew C. Fine and William E. Hellerstein for appellant.
Elizabeth Holtzman, District Attorney (Ann Bordley and Barbara D. Underwood of counsel), for respondent.
Order affirmed for the reasons stated in the memorandum at the Appellate Division ( 107 A.D.2d 821). In addition, we would note that unlike People v Warren ( 66 N.Y.2d 831) the defendant here came dangerously close to the accomplishment of the act in view of his seizure of the victim and the circumstances surrounding the seizure.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.