Opinion
Decided February 26, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. LEAHY, J.
Joseph F. De Felice for appellant.
John J. Santucci, District Attorney (Michael J. Connolly of counsel), for respondent.
On summary consideration, order affirmed for reasons stated in the memorandum at the Appellate Division ( 75 A.D.2d 901).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.