PEOPLE v. THOMAS

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 A.D.2d 73). We add that our decision in People v Smith ( 87 N.Y.2d 715) 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.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Order affirmed in a memorandum.