Opinion
Submitted May 13, 1971
Decided May 26, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Joseph Jaspan, County Attorney ( Bonnie Singer of counsel), for appellant.
Stephen L. Willson for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and GIBSON. Judge JASEN concurs on constraint of Matter of Picconi v. Lowery ( 28 N.Y.2d 962), decided herewith.