(concurring). We concur in result only because we reject the agency defense, as is articulated and explained in the dissenting opinion by Judge Gabrielli in People v Roche (45 NY2d 78, decided herewith).
Chief Judge Breitel and Judges Jones, Fuchsberg and Cooke concur with Judge Wachtler; Judges Jasen and Gabrielli concur in result only in a concurring memorandum.
Order affirmed.