Order reversed and a new trial ordered on the dissenting memorandum by Presiding Justice HAROLD A. STEVENS at the Appellate Division ( 48 A.D.2d 778), noting also our recent decision in People v Alicea ( 37 N.Y.2d 601).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.