¶1Order affirmed (see CPL 210.35, subd 5; People v Petrea, 92 NY 128, 143-144).
¶2Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Taking no part: Judge Cooke.
40 N.Y.2d 873
Decided October 19, 1976
New York Court of Appeals · decided 1976-10-19
Decided 1976-10-19
¶1Order affirmed (see CPL 210.35, subd 5; People v Petrea, 92 NY 128, 143-144).
¶2Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Taking no part: Judge Cooke.