concur in the following memorandum by Herlihy, J. Herlihy, J. (concurring). We would adhere to our dissent in Sessa v State of New York (63 AD2d 334, 336 et seq.). We feel constrained to affirm, however, because of the majority opinion in Sessa.
concur in the following memorandum by Herlihy, J. Herlihy, J. (concurring). We would adhere to our dissent in Sessa v State of New York (63 AD2d 334, 336 et seq.). We feel constrained to affirm, however, because of the majority opinion in Sessa.