
    The People of the State of New York, Respondent, v. Samuel Cavalieri, Appellant.
    Argued October 18, 1971;
    decided November 17, 1971.
    
      
      Arnold E. Wallach and Joseph Panzer for appellant.
    
      Burton B. Roberts, District Attorney (Albert A. Capellini and Daniel J. Sullivan of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergak and Gibsok. Judges Breitel and Jasek concur in the following memorandum: The defendant as a witness was misinformed as to the immunity to which he would be entitled if his testimony were to be compelled (People v. Masiello, 28 N Y 2d 287). However, the information he received was indistinguishable from that given in People v. Mulligan (29 N Y 2d 20), on constraint of which we concur and vote to affirm.  