Opinion
Argued April 28, 1977
Decided June 2, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT J. FEINBERG, J.
Peter E. Murphy for appellant.
Joseph W. Kelley, District Attorney (Kathleen H. Casey of counsel), for respondent.
Order affirmed. In view of the findings below, this court is obliged to affirm.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.