Opinion
Argued January 13, 1972
Decided March 16, 1972
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD T. McCAFFREY, J.
John M. Armentano for appellant.
Burton B. Roberts, District Attorney ( Daniel J. Sullivan and Michael F. Youdovin of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD concurs on constraint of People v. Ganci ( 27 N.Y.2d 418) and People v. Rainey ( 28 N.Y.2d 863).