Opinion
Submitted February 11, 1976
Decided March 23, 1976
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRVING KIRSCHENBAUM, J.
Richard Ives Rudell for appellant.
Robert M. Morgenthau, District Attorney (Sharon Lynch Norton and Peter L. Zimroth of counsel), for respondent.
Order affirmed on the opinion by Mr. Justice MYLES J. LANE at the Appellate Division ( 46 A.D.2d 55).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.