Opinion
Argued June 1, 1967
Decided July 7, 1967
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN J. CONWAY, JR., J.
John C. Little, Jr., District Attorney ( Nicholas P. Varlan of counsel), for appellant.
Peter J. Connelly, Jr., for respondent.
Order affirmed for the reasons set forth in People v. Johnson ( 20 N.Y.2d 220), also decided today. No opinion.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.