Opinion
Argued November 14, 1980
Decided December 16, 1980
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD J. SILBERMANN, J.
Philip L. Weinstein and William E. Hellerstein for appellant.
Mario Merola, District Attorney (Gail Jacobs, Billie Manning and Robert J. Carlucci of counsel), for respondent.
Order affirmed for reasons stated in the opinion by Mr. Justice HAROLD BIRNS at the Appellate Division ( 72 A.D.2d 356).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.