Opinion
Argued November 15, 1974
Decided December 18, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, STEPHEN SMYK, J.
Alan S. Phillips and Louis J. Casella for appellant.
Patrick D. Monserrate, District Attorney ( Robert W. Coutant of counsel), for respondent.
Order affirmed; no opinion.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.