OPINION OF THE COURT
Order affirmed for reasons stated in the Per Curiam opinion at the Appellate Division (76 AD2d 532).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Argued May 7, 1981;
decided June 4, 1981
*991APPEARANCES OF COUNSEL
Joel A. Brenner, David S. Greenfield and Paula Schwartz Frome for appellant-respondent.
Robert M. Morgenthau, District Attorney (Allen Alpert and Robert M. Pitler of counsel), for respondent-appellant.
OPINION OF THE COURT
Order affirmed for reasons stated in the Per Curiam opinion at the Appellate Division (76 AD2d 532).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
53 N.Y.2d 989
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