¶1I concur on constraint of People v Hudy (73 NY2d 40, 54).
¶2Ross, Ellerin and Wallach, JJ., concur with Murphy, P. J.; Kupferman, J., concurs in a separate opinion.
¶3Judgment, Supreme Court, Bronx County, rendered on February 27, 1985, unanimously reversed, on the law, and the matter remanded for a new trial.