Opinion
Argued February 18, 1971
Decided March 3, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH A. STABILE, J.
Joseph M. Rosenthal and Mitchell B. Smith for appellant.
George J. Aspland, District Attorney ( Carl Spitznagel, Jr. of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.