Opinion
Argued May 5, 1981
Decided June 4, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALFRED F. SAMENGA, J.
John Joseph Sutter and Ruth C. Balkin for appellant.
Denis Dillon, District Attorney (Judith R. Sternberg and William C. Donnino of counsel), for respondent.
Order affirmed (see People v Haff, 53 N.Y.2d 997, decided herewith).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.