Opinion
Argued October 16, 1968
Decided November 14, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PETER T. FARRELL, J.
James J. Daley and Anthony F. Marra for appellant.
Thomas J. Mackell, District Attorney ( Sidney Baumgarten of counsel), for respondent.
Order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.