OPINION OF THE COURT
On summary consideration, order affirmed for reasons stated in the memorandum at the Appellate Division (75 AD2d 901).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Decided February 26, 1981
*1062APPEARANCES OF COUNSEL
Joseph F. De Felice for appellant.
John J. Santucci, District Attorney (Michael J. Connolly of counsel), for respondent.
OPINION OF THE COURT
On summary consideration, order affirmed for reasons stated in the memorandum at the Appellate Division (75 AD2d 901).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
52 N.Y.2d 1061
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