Opinion
Argued June 9, 1975
Decided June 24, 1975
Appeal from the Supreme Court in the First Judicial Department, LEON BECKER, J.
Judith Preble and William E. Hellerstein for appellant.
Richard H. Kuh, District Attorney (Judith K. Rubinstein and Peter Lushing of counsel), for respondent.
Louis J. Lefkowitz, Attorney-General (Gabriel I. Levy and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.
Order affirmed. (See People v Perry, 36 N.Y.2d 114.)
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.