
    The People of the State of New York, Respondent, v. James M. Di Costanzo, Appellant.
    Argued April 6, 1970;
    decided April 23, 1970.
    
      
      Anthony J. Langan for appellant.
    
      Frank A. Gualtieri, District Attorney (Jon K. Holcombe of counsel), for respondent.
   Concur: Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld and Judge Burke dissent and vote to reverse on the dissenting opinion at the Appellate Division.  