Opinion
Argued September 11, 1979
Decided October 11, 1979
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DOMINIC LODATO, J.
Eugene Gold, District Attorney (Norman S. Heller of counsel), for appellant.
William H. Roth and William E. Hellerstein for respondent.
Order affirmed for the reasons stated in the memorandum at the Appellate Division ( 64 A.D.2d 907).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.