Majority
p. 676The People of the State of New York, Appellant, v Henry Swinson, Respondent. [666 NYS2d 958]
Appeal by the People from an order of the Supreme Court, Queens County (Flug, J.), dated October 18, 1996.
Ordered that the order is affirmed for reasons stated by Justice Flug at the Supreme Court. O’Brien, J. P., Joy, Friedmann and Goldstein, JJ., concur.