Opinion
Argued February 21, 1974
Decided March 21, 1974
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, GEORGE D. OGDEN, J.
Jack B. Lazarus, District Attorney ( Melvin Bressler of counsel), for appellant.
Robert S. Beer and Nicholas P. Varlan for respondent.
Order affirmed on the opinion by Mr. Justice FRANK DEL VECCHIO at the Appellate Division.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.