Opinion
Argued October 17, 1973
Decided November 14, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EVANS V. BREWSTER, J.
Carl A. Vergari, District Attorney ( Janet Cunard of counsel), for appellant.
William T. Griffin for respondent.
Order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BREITEL, JASEN, GABRIELLI, JONES and WACHTLER. Judge BURKE concurs on constraint of People v. Masiello ( 28 N.Y.2d 287) and People v. Tramunti ( 29 N.Y.2d 28).