
    The People of the State of New York, Respondent, v. Ivan Marfisi, Appellant.
    Submitted January 6, 1975;
    decided February 12, 1975.
    
      
      Joseph M. Schwartz for appellant.
    
      Mario Merola, District Attorney (Jeffrey Philip Sinensky of counsel), for respondent.
   Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  