Opinion
Argued October 12, 1976
Decided November 23, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RICHARD J. SHAY, J.
Robert E. Jones, District Attorney, for appellant.
Russell E. Ruthig for respondent.
Order affirmed (People v Gilligan, 39 N.Y.2d 769; People v Malinsky, 15 N.Y.2d 86; People v Rosario, 9 N.Y.2d 286).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.