Opinion
Submitted September 13, 1976
Decided October 19, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN J. CLYNE, J.
Douglas P. Rutnik, Public Defender (James E. Banagan of counsel), for appellant.
Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.
Order affirmed (see CPL 210.35, subd 5; People v Petrea, 92 N.Y. 128, 143-144). With respect to the issue on the motion for a new trial on the ground of newly discovered evidence, see People v Crimmins ( 38 N.Y.2d 407, 414).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.