Opinion
Argued May 7, 1974
Decided June 6, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN D. DAVIDSON, J.
Russell I. Lynn and William E. Hellerstein for appellant.
Richard H. Kuh, District Attorney ( Allen G. Swan and Lewis R. Friedman of counsel), for respondent.
Order affirmed (see People v. Vidal, 26 N.Y.2d 249).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN. Taking no part: Judge STEVENS.