Opinion
Argued October 8, 1979
Decided November 15, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JAMES J. BATTISTI, JR., J.
Gerald L. Shargel for appellant.
Michael Kavanagh, District Attorney (Edward M.P. Greene of counsel), for respondent.
Order affirmed for the reasons stated in the memorandum at the Appellate Division ( 66 A.D.2d 968) except insofar as it suggests that there was direct evidence in the record to support the conviction.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.