PEOPLE v. DAVID

Order reversed for reasons stated in the dissenting memorandum by former Justice JAMES D. HOPKINS and Justice MOSES M. WEINSTEIN at the Appellate Division ( 81 A.D.2d 893, 895-896) and case remitted to the Appellate Division, Second Department, for consideration of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI and JONES. Judges WACHTLER, FUCHSBERG and MEYER dissent and vote to affirm for reasons stated in the memorandum of the Appellate Division ( 81 A.D.2d 893).