
    The People of the State of New York, Respondent, v. Donald C. Carter, Appellant.
    Argued April 10, 1969;
    decided April 24, 1969.
    
      
      Edward J. Rose and George G. Fiesinger for appellant.
    
      Albert W. Schneider, District Attorney (Henry D. Blumberg of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Bergan and Breitel. Judges Scileppi and Jasen dissent and vote to affirm on the opinion at the County Court. Taking no part: Judge Keating.  