PEOPLE v. KIRK

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 reasons stated in the memorandum of the Appellate Division ( 115 A.D.2d 758). Unlike People v Briggins ( 50 N.Y.2d 302), there was here a fraudulent intent.

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