Appellate Division of the Supreme Court of the State of New York April 17, 1980 (People v. Martell)

lead-opinion

Judgment, Supreme Court, Bronx County, rendered on December 1, 1978, unanimously affirmed. Concur—Birns, J. P., Ross, Lupiano and Bloom, JJ.

concurrence-opinion

Fein, J.,

concurs in the result in the following memorandum: I concur in result on constraint of People v Pickett (71 AD2d 575), in which I dissented.