Opinion
Submitted April 13, 1971
Decided May 12, 1971
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, XAVIER C. RICCOBONO, J.
Julia P. Heit and Milton Adler for appellant.
Frank S. Hogan, District Attorney ( Kenneth McCulloch and Michael R. Juviler of counsel), for respondent.
Order affirmed (see People v. Lynn and People v. Saunders, 28 N.Y.2d 196, decided April 8, 1971).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.