Argued September 10, 1979
Decided October 11, 1979
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ANDREW G. CELLI, J.
Lawrence T. Kurlander, District Attorney (Douglas Jones of counsel), for appellant.
Norman A. Palmiere for respondent.
Order affirmed for the reasons stated in the opinion by Mr. Justice RICHARD D. SIMONS at the Appellate Division ( 62 A.D.2d 503).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.