Opinion
Argued October 24, 1975
Decided November 20, 1975
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH S. MATTINA, J.
Edward C. Cosgrove, District Attorney (Nancy Piggush of counsel), for appellant.
No appearance for respondent.
Order affirmed on the opinion by Mr. Justice G. ROBERT WITMER at the Appellate Division ( 45 A.D.2d 6).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.