Musinger v. State , 152 A.D.2d 931 ( 1989 )

Judgment unanimously modified on the law and facts and as modified affirmed without costs, in accordance with the same memorandum as in Marks v State of New York ([appeal No. 1] 152 AD2d 930). (Appeal from judgment of Court of Claims, Corbett, J.— appropriation.) Present — Dillon, P. J., Callahan, Balio, Lawton and Davis, JJ.