Opinion
Argued October 14, 1976
Decided November 16, 1976
Appeal from the Supreme Court in the Second Judicial Department, JOHN M. LEACH, J.
Frederic Block for appellant.
Henry O'Brien, District Attorney (Kevin J. Crowley of counsel), for respondent.
Order affirmed on the memorandum at the Appellate Term. In affirming the court does not ignore the thrust of appellant's view that this prosecution should be used to meet the issue of the village's power to operate its own police force. For that there may be other remedies (cf. Incorporated Vil. of Port Jefferson v Board of Supervisors of County of Suffolk, 44 Misc.2d 1083, affd 26 A.D.2d 700, affd 21 N.Y.2d 663).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.