Opinion
Decided February 19, 1986
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Hyman T. Maas, J.
Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for appellant.
Edward J. Nowak, Public Defender (Howard K. Broder of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed for reasons stated in the dissenting memorandum of Justice John J. Callahan at the Appellate Division ( 112 A.D.2d 38, 39), judgment of conviction reinstated and case remitted to the Appellate Division, Fourth Department, for consideration of the facts.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE. Taking no part: Judge HANCOCK, JR.