
    Richard L. Patterson, Appellant, v State of New York, Respondent.
    Submitted September 21, 1978;
    decided October 24, 1978
    
      APPEARANCES OF COUNSEL
    
      James I. Myerson and Thomas Hoffman for appellant.
    
      Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, on the opinion by Mr. Justice G. Robert Wither at the Appellate Division (54 AD2d 147).

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