Opinion
Submitted September 13, 1976
Decided October 19, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN J. CLYNE, J.
James D. Linnan for appellant.
Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.
Order affirmed (see CPL 210.35, subd 5; People v Petrea, 92 N.Y. 128, 143-144).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.