Opinion
Argued October 8, 1980
Decided November 11, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, STEVEN B. DEROUNIAN, J.
Edward G. McCabe, County Attorney (Robert O. Boyhan of counsel), for appellant.
Marc D. Matles for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 75 A.D.2d 815).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.