Opinion
Argued January 10, 1980
Decided February 7, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT C. WILLIAMS, J.
Herbert Rubin, Howard L. Wexler and David B. Alford for appellant.
Robert Abrams, Attorney-General (Joseph J. Micare and Shirley Adelson Siegel of counsel), for James P. Melton, respondent.
Charles J. Wilcox, District Attorney (Robert T. Law, III, of counsel), for respondent pro se.
Order affirmed, with costs, for the reasons stated in the opinion by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division ( 67 A.D.2d 242).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.