Opinion
Argued May 24, 1971
Decided July 6, 1971
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN D. DAVIDSON, J.
Frank S. Hogan, District Attorney ( Burton N. Lipshie and Michael R. Juviler of counsel), for appellant.
Eleanor Jackson Piel for respondent.
Order affirmed on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON. Judges SCILEPPI and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division.