Opinion
Argued December 10, 1969
Decided January 8, 1970
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LOUIS M. GREENBLOTT, J.
Louis J. Casella, Public Defender ( John E. Murray of counsel), for appellant.
Stephen Smyk, District Attorney ( Stephen E. Powers of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge FULD, and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Judge GIBSON.