Opinion
Argued October 15, 1976
Decided October 28, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DONALD H. MONROE, J.
Samuel J. Castellino, Public Defender (David M. Brockway of counsel), for appellant.
D. Bruce Crew, III, District Attorney (Peter C. Buckley of counsel), for respondent.
Order affirmed on the memorandum at the Appellate Division ( 50 A.D.2d 685).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.