
    The People of the State of New York, Appellant, v Robert Johnson, Respondent.
    Argued September 11, 1979;
    decided October 11, 1979
    
      APPEARANCES OF COUNSEL
    
      Eugene Gold, District Attorney (Norman S. Heller of counsel), for appellant.
    
      William H. Roth and William E. Hellerstein for respondent.
   OPINION OF THE COURT

Order affirmed for the reasons stated in the memorandum at the Appellate Division (64 AD2d 907).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  