Suffolk County District Court March 4, 1981 (People v. Brian J.P.)

OPINION OF THE COURT

Edward U. Green, Jr., J.

This case squarely presents the issue of whether the decision of the Appellate Term, Ninth and Tenth Judicial Districts, in People v De Rosa (84 Misc 2d 316, affd on other grounds 42 NY2d 872) remains the controlling authority in this court or whether it has been effectively overruled by subsequent pronouncements of the Court of Appeals.