OPINION OF THE COURT
Order affirmed on the opinion by Mr. Justice George J. *834Balbach at Criminal Term, Supreme Court, Queens County (see, also, People v Stewart 41 NY2d 65).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Cooke. Judge Fuchsberg dissents and votes to reverse in the following opinion.