Opinion
Decided October 15, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN J. CLYNE, J., JOSEPH HARRIS, J.
Sol Greenberg, District Attorney (George H. Barber of counsel), for appellant.
Ian R. Arcus for respondent.
On summary consideration, order affirmed for the reasons stated in the memorandum at the Appellate Division ( 80 A.D.2d 691).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.