Opinion
Argued May 28, 1968
Decided June 5, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ARTHUR M. CROMARTY, J.
Robert M. Pitler for appellant.
George J. Aspland, District Attorney ( Joseph F. O'Neill of counsel), for respondent.
Order affirmed on the authority of People ex rel. Gallagher v. Follette ( 22 N.Y.2d 239, decided herewith).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.