Opinion
Argued March 19, 1973
Decided April 26, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALFRED F. SAMENGA, J.
Victor M. Ort, James J. McDonough and Matthew Muraskin for appellant. William Cahn, District Attorney ( Henry P. DeVine of counsel), for respondent.
Order affirmed on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.