Opinion
Argued March 4, 1971
Decided April 8, 1971
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MARTIN SCHENCK, J.
Andrew M. Pinckney, Public Defender ( Douglas P. Rutnik and Robert E. Harris of counsel), for appellant.
Arnold W. Proskin, District Attorney ( Daniel G. Moriarty of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Judge GIBSON.