Opinion
Submitted September 24, 1970
Decided October 8, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DAVID T. GIBBONS, J.
Albert H. Treiman for appellant.
William Cahn, District Attorney ( Henry P. DeVine of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.