Opinion
Argued January 8, 1981
Decided February 10, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, E. LEO MILONAS, J.
Robert M. Morgenthau, District Attorney (Norman Barclay and Robert M. Pitler of counsel), for appellant.
Salvatore Canonico for respondent.
Order affirmed for the reasons stated in the dissenting opinion of Mr. Justice HAROLD BIRNS in People v Parker ( 70 A.D.2d 387, 391-394).
Concur: Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Chief Judge COOKE taking no part.