Order affirmed. The finding of probable cause made by the Appellate Division involves a mixed question of law and fact which, there being support for its conclusion in the record, is beyond our power of review (see, People v Bigelow, 66 N.Y.2d 417, 420-421). On the remaining issues, we affirm for the reasons stated in the opinion by Justice (as he then was) Stewart F. Hancock, Jr., at the Appellate Division ( 109 A.D.2d 39).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE. Taking no part: Judge HANCOCK, JR.