Opinion
Argued October 6, 1969
Decided October 30, 1969
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH P. KUSZYNSKI, J.
Michael F. Dillon, District Attorney ( Judith Blake Manzella of counsel), for appellant.
Bruce K. Carpenter, Robert R. Molic and Leslie A. Bradshaw for respondent.
Order affirmed on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL, JASEN and GIBSON. Judge SCILEPPI dissents and votes to reverse on the dissenting opinion at the Appellate Division.