Opinion
Submitted October 14, 1977
Decided November 17, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN G. DIER, J.
Joseph R. Brennan for appellant.
Daniel T. Smith, District Attorney, for respondent.
Order affirmed on the memorandum at the Appellate Division ( 50 A.D.2d 1040).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.