Order affirmed, with costs to defendant-respondent.
Concur — Breitel, J.P., Rabin, M.M. Frank and Valente, JJ.; McNally, J., dissents and votes to reverse and order a new trial for the reasons set forth in the opinion of ROSSBACH, J., at the Court of Special Sessions of the City of New York. [ 13 Misc.2d 718. ]