Opinion
Argued January 6, 1978
Decided February 7, 1978
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEONARD SCHOLNICK, J.
Judith Preble and William E. Hellerstein for appellant.
Eugene Gold, District Attorney (Jay M. Cohen of counsel), for respondent.
Order affirmed (People v Nixon, 21 N.Y.2d 338, 353-355; People v Francis, 38 N.Y.2d 150, 155-156).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.