Opinion
Submitted September 6, 1974
Decided October 7, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE D. BURCHELL, J.
Arnold D. Roseman for appellant.
Carl A. Vergari, District Attorney ( Janet Cunard of counsel), for respondent.
Order affirmed on authority of People v. Carter ( 31 N.Y.2d 964).
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN, STEVENS and WITMER.
Designated pursuant to section 2 of article VI of the State Constitution.