Opinion
Argued January 10, 1973
Decided February 8, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PAUL BALSAM, J.
Patrick M. Wall for appellant.
Thomas J. Mackell, District Attorney ( Thomas A. Duffy, Jr. of counsel), for respondent.
Order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER. Taking no part: Judge BREITEL.