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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VIRGILIO POLANCO, Appellant.

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Ira Beal, J. Irving Anolik, New York City, for appellant. Robert M. Morgenthau, District Attorney of New York County, New York City (Gregory H. Mansfield 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 affirmed for the reasons stated in the memorandum of the Appellate Division ( 179 A.D.2d 531).

Concur: Acting Chief Judge SIMONS and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge SMITH.

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PEOPLE v. POLANCO
(Nov 24, 1992)