Judgment affirmed. Same Memorandum as in People v. Young (29 A D 2d 618) decided herewith. All concur except Marsh, J., who dissents and votes to reverse the judgment and dismiss the indictment, in same dissenting Memorandum as in People v. Young, decided herewith. (Appeal from judgment of Erie Supreme Court convicting defendant of assault, third degree.) Present — Bastow, J. P., Goldman, Henry, Del Vecehio and Marsh, JJ.