Opinion
Submitted September 24, 1968
Decided October 9, 1968
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH A. NEVINS, J.
Michael F. Dillon, District Attorney ( Thomas P. Flaherty of counsel), for motion.
Samuel C. Perla opposed to motion and for cross motion.
Motion granted and appeal dismissed (Code Crim. Pro., § 536). Cross motion denied.