Opinion
Argued June 11, 1976
Decided July 15, 1976
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH DI FEDE, J.
David Gottlieb and William E. Hellerstein for appellant.
Mario Merola, District Attorney (Fredric A. Kerstein of counsel), for respondent.
Order affirmed on the memorandum at the Appellate Division ( 49 A.D.2d 537).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.