Opinion
Argued April 21, 1971
Decided May 12, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HAROLD M. SPITZER, J.
Susan E. Crandall, James J. McDonough and Matthew Muraskin for appellant.
William Cahn, District Attorney ( Henry P. DeVine of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD concurs in the following memorandum: Although I still subscribe to the views expressed in my dissent in People v. Ganci ( 27 N.Y.2d 418, 430), I am constrained by that decision to vote for affirmance.