
    The People of the State of New York ex rel. Daniel Di Lapo, Appellant, v. B. John Tutuska, as Sheriff of the County of Erie, Respondent.
    Submitted October 2, 1961;
    decided October 12, 1961.
   Motion to clarify the decision of the Court of Appeals reported at 9 N Y 2d 910 granted to this extent: The Court of Appeals states that it did not pass on the correctness of the statement contained in the Special Term opinion on page 547 of 27 Misc 2d that a subsequent indictment under subdivision 5-a of section 1897 of the Penal Law would he barred.  