Opinion
Argued December 9, 1970
Decided January 7, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PETER T. FARRELL, J.
Peter G. Mirto and Harvey L. Greenberg for appellant.
Thomas J. Mackell, District Attorney ( Joan B. Carey of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.