Order affirmed for the reasons stated in the memorandum at the Appellate Division ( 107 A.D.2d 821). In addition, we would note that unlike People v Warren ( 66 N.Y.2d 831) the defendant here came dangerously close to the accomplishment of the act in view of his seizure of the victim and the circumstances surrounding the seizure.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.