Opinion
Argued February 12, 1975
Decided March 26, 1975
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWARD THOMPSON, J.
G. Clark Cummings and William E. Hellerstein for appellant.
Nicholas Ferraro, District Attorney (Barry Alan Schwartz and Martin L. Bracken of counsel), for respondent.
Order affirmed, without costs, on the opinion by Mr. Justice JAMES D. HOPKINS at the Appellate Division.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.