Opinion
Argued October 3, 1972
Decided November 1, 1972
Appeal from the Oneida County Court, JOSEPH SERINO, J.
Richard D. Enders, District Attorney ( Rocco Louis Versace of counsel), for appellant.
Francis P. Valone for respondent.
Order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI dissents and votes to reverse and reinstate the information upon the ground that the acts alleged would support a finding that the statute in effect in 1971 was being violated.