Argued January 12, 1973
Decided February 8, 1973
Appeal from the Supreme Court in the First Judicial Department, BRUCE McM. WRIGHT, J.
Frank S. Hogan, District Attorney ( Herman Kaufman and Michael R. Juviler of counsel), for appellant.
Carol Berkman, William E. Hellerstein and Robert Kasanof for respondent.
Order affirmed on the opinion at the Appellate Term.
Concur: Chief Judge FULD and Judges JASEN, JONES and WACHTLER. Judges BURKE and GABRIELLI dissent and vote to reverse on the dissenting opinion at the Appellate Term. Taking no part: Judge BREITEL.