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In the Matter of JOSE TORRES, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, et al., Respondent.

Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division ( 166 A.D.2d 228), and certified question not answered as unnecessary.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

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MATTER OF TORRES
(Nov 19, 1991)