¶1OPINION OF THE COURT
¶2Order affirmed, without costs, on so much of the opinion of Mr. Justice Louis M. Greenblott at the Appellate Division (51 AD2d 28) relevant to the question certified by that court (see, also, Erca v State of New York, 42 NY2d 854, affg 51 AD2d 611). The question certified is answered in the negative.
¶3Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.