Opinion
Submitted November 20, 1970
Decided December 9, 1970
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ARCHIBALD C. WEMPLE, J.
Howard A. Levine, District Attorney ( G. Douglas Griset and Philip Stillman of counsel), for appellant.
Max H. Hershkowitz for respondents.
Order affirmed on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON. Judges SCILEPPI and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division.