
    The People of the State of New York, Respondent, v. Frank C. Castellano, Appellant.
    Argued February 18, 1971;
    decided March 3, 1971.
    
      
      Joseph M. Rosenthal and Mitchell B. Smith for appellant.
    
      George J. Aspland, District Attorney (Carl Spitsnagel, Jr. of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  