Opinion
Argued February 8, 1973
Decided March 23, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. STARKEY, J.
Thomas J. Todarelli and Stanley M. Hyman for appellant.
Eugene Gold, District Attorney ( Helman R. Brook of counsel), for respondent.
Ordered affirmed (cf. People v. McClain, 32 N.Y.2d 697, decided herewith); no opinion.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.