Opinion
Argued October 8, 1970
Decided November 12, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN E. CONE, J.
Robert H. Levy and Milton Adler for appellant.
Eugene Gold, District Attorney ( Carl S. Wolfson of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD dissents and votes to reverse on the dissenting opinion at the Appellate Division.