Opinion
Argued May 1, 1981
Decided June 2, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NAT H. HENTEL, J.
Eugene Gold, District Attorney (Alan D. Rubinstein of counsel), for appellant.
Barry Gene Rhodes for respondent.
Order affirmed for reasons stated in the opinion by Justice CHARLES MARGETT at the Appellate Division ( 72 A.D.2d 106).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.