Opinion
Argued February 19, 1981
Decided March 26, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD J. SILBERMANN, J.
Andrew H. Rossmer for appellant.
Mario Merola, District Attorney (Gail Jacobs and Billie Manning of counsel), for respondent.
Order affirmed. There was no abuse of discretion as a matter of law.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.