
    The People of the State of New York, Respondent, v. James Overby, Appellant.
    Argued June 1, 1961;
    decided July 7, 1961.
    
      
      Howard V. Burke for appellant.
    
      Carman F. Ball, District Attorney (Leonard F. Walentynowicz of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Foster. Judge Froessel dissents and votes to reverse and to order a new trial for the reasons stated in his dissenting opinion in People v. Hernandez (10 N Y 2d 774), decided herewith.  