Opinion
Argued October 12, 1973
Decided November 21, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HAROLD M. SPITZER, J.
Richard B. Schwartz and John B. Dawson, Jr. for appellant.
William Cahn, District Attorney ( Henry P. DeVine of counsel), for respondent.
Order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.