OPINION OF THE COURT
Order modified by reinstating the convictions and sentences for murder in the second degree and attempted robbery in the first degree and, as so modified, affirmed, for the reasons stated in the concurring in part and dissenting in part opinion by Justice Arthur D. Spatt at the Appellate Division (140 AD2d 44, 51-61).
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.