Opinion
Argued December 8, 1970
Decided January 13, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, J. IRWIN SHAPIRO, J.
Robert P. Levine for appellant.
Thomas J. Mackell, District Attorney ( Thomas A. Duffy, Jr. of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD dissents and votes to reverse on the dissenting opinion at the Appellate Division.