Opinion
Argued January 6, 1981
Decided February 10, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BENTLEY KASSAL, J., IRWIN SILBOWITZ, J.
Robert M. Morgenthau, District Attorney (David H. Steiner and Norman Barclay of counsel), for appellant.
Mark Lemle Amsterdam for respondent.
Order affirmed for reasons stated in the memorandum at the Appellate Division ( 73 A.D.2d 576).
Concur: Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Judge JASEN dissents and votes to reverse for the reasons stated in the dissenting memoranda of Justices LEONARD H. SANDLER and SAMUEL J. SILVERMAN at the Appellate Division ( 73 A.D.2d 577-578, 578-582).