Opinion
Argued April 25, 1969
Decided May 15, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MORTON B. SILBERMAN, J.
Robert R. Meehan, District Attorney ( Harold A. Seidenberg of counsel), for appellant.
Arnold Becker and Joseph Hirshfeld for respondent.
Order affirmed on the prevailing opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and BREITEL. Judge JASEN concurs in result only. Taking no part: Judge KEATING.