Order affirmed; no opinion.
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.
Argued January 18, 1974;
decided February 21, 1974.
*548 Peter G. Mirto for appellant.
Eugene Gold, District Attorney (Mark M. Baker and Roger Bennet Adler of counsel), for respondent.
Order affirmed; no opinion.
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.
34 N.Y.2d 547
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