OPINION OF THE COURT
Order affirmed on the memorandum at the Appellate Division (50 AD2d 1040).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
Submitted October 14, 1977;
decided November 17, 1977
*704APPEARANCES OF COUNSEL
Joseph R. Brennan for appellant.
Daniel T. Smith, District Attorney, for respondent.
OPINION OF THE COURT
Order affirmed on the memorandum at the Appellate Division (50 AD2d 1040).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
43 N.Y.2d 703
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