Opinion
Argued April 2, 1976
Decided June 10, 1976
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, DONALD J. SULLIVAN, J.
Mario Merola, District Attorney (Robert J. Hume, III, of counsel), for appellant.
John Nicholas Iannuzzi for respondents.
Orders affirmed for the reasons stated in the majority opinion by Mr. Justice LOUIS J. CAPOZZOLI at the Appellate Division ( 48 A.D.2d 135).
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE. Judge JASEN dissents and votes to reverse on the dissenting opinion by Mr. Justice VINCENT A. LUPIANO at the Appellate Division.