PEOPLE v. McLEOD

Order affirmed on the memorandum at the Appellate Division ( 58 A.D.2d 747).

Concur: Chief Judge BREITEL and Judges JONES, WACHTLER, FUCHSBERG and COOKE. Judges JASEN and GABRIELLI concur in result only in the following concurring memorandum.

JASEN and GABRIELLI, JJ. (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 N.Y.2d 78, decided herewith).

Order affirmed, etc.