McCORMICK v. STATE OF NEW YORK

Order affirmed, without costs, on so much of the opinion of Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division ( 51 A.D.2d 28) relevant to the question certified by that court (see, also, Erca v State of New York, 42 N.Y.2d 854, affg 51 A.D.2d 611). The question certified is answered in the negative.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.