Opinion
Submitted March 20, 1978
Decided April 25, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN J. CLYNE, J.
Paul T. Devane and Joseph M. Ingarra for appellant.
Sol Greenberg, District Attorney (Robert E. Harris of counsel), for respondent.
Order affirmed on the memorandum at the Appellate Division ( 53 A.D.2d 992).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.