Opinion
Argued October 12, 1979
Decided November 13, 1979
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, DONALD ZIMMERMAN, J., IVAN WARNER, J.
Walter H. Curchack for appellant.
Mario Merola, District Attorney (Edward G. Spell and Billie Manning of counsel), for respondent.
Order affirmed for the reasons stated in the opinion by Mr. Justice JOSEPH P. SULLIVAN at the Appellate Division ( 61 A.D.2d 619).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.