Opinion
Argued January 11, 1974
Decided February 13, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN J. McCALL, J.
Eugene R. Spada for appellants.
Arnold W. Proskin, District Attorney ( John A. Williamson, Jr. of counsel), for respondent.
In each action: Order reversed and the order of the County Court reinstated on authority of People v. Avant ( 33 N.Y.2d 265).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.