Opinion
Argued January 12, 1970
Decided February 18, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALBERT S. McGROVER, J.
Eugene Gold, District Attorney ( Carl S. Wolfson of counsel), for appellant.
Arthur D. Oxenberg for respondent.
Order affirmed on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BERGAN, BREITEL and GIBSON. Judges SCILEPPI and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division. Taking no part: Judge BURKE.