Opinion
Submitted November 15, 1968
Decided December 12, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE F.X. McINERNEY, J.
George Dyson Friou for appellant.
George J. Aspland, District Attorney ( John Copertino of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, KEATING, BREITEL and JASEN. Chief Judge FULD and Judge BERGAN dissent and vote to reverse.