
    The People of the State of New York, Appellant, v Anthony Serrano, Respondent.
    Argued January 8, 1981;
    decided February 10, 1981
    
      APPEARANCES OF COUNSEL
    
      Robert M. Morgenthau, District Attorney (Norman Barclay and Robert M. Pitler of counsel), for appellant.
    
      Salvatore Canonico for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the dissenting opinion of Mr. Justice Harold Birns in People v Parker (70 AD2d 387, 391-394).

Concur: Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer. Chief Judge Cooke taking no part.  