PEOPLE v. RAINEY

Judgment affirmed; no opinion.

Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD concurs in the following memorandum: Although I still subscribe to the views expressed in my dissent in People v. Ganci ( 27 N.Y.2d 418, 430), I am constrained by that decision to vote for affirmance.