Opinion
Argued February 12, 1975
Decided March 19, 1975
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ERNEST L. COLUCCI, J.
Charles D. Halvorsen and Nathaniel A. Barrell for appellant.
Edward C. Cosgrove, District Attorney (William E. Balthasar of counsel), for respondent.
Order affirmed on the opinion by Mr. Justice FRANK DEL VECCHIO at the Appellate Division (see, also, People v Tinsley, 35 N.Y.2d 926).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.