Opinion
Submitted September 23, 1969
Decided September 25, 1969
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.
Frank G. Raichle for appellant.
Frank S. Hogan, District Attorney ( Michael R. Juviler of counsel), for respondent.
Motion granted and appeal dismissed upon the ground that an appeal lies as of right to the Appellate Division.
Cross motion denied as unnecessary.