Opinion
Argued October 2, 1972
Decided November 29, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANTHONY M. LIVOTI, J.
Francis J. Marino and Robert Kasanof for appellant.
Thomas J. Mackell, District Attorney ( Anthony J. Piacentini of counsel), for respondent.
Order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.