Opinion
October 31, 1977
Motion by respondent to dismiss appeal on the ground that it is barred by People v Brown ( 40 N.Y.2d 381, cert den 429 U.S. 975) denied without prejudice to renewal upon the argument of the appeal. Respondent's brief shall be filed and served on or before November 9, 1977. Appeal set down for argument on November 18, 1977. Koreman, P.J., Sweeney, Mahoney, Larkin and Mikoll, JJ., concur.