
    The People of the State of New York, Respondent, v. Dominick Cicale, Appellant.
    Submitted September 6, 1974;
    decided October 7, 1974.
    
      
      Arnold D. Boseman for appellant.
    
      CarlA..Vergari, District Attorney ( Janet Cunar d of counsel), for respondent.
   Order affirmed on authority of People v. Carter (31 N Y 2d 964).

Concur: Chief Judge Breitel and Judges Gabrielli, J ones, Wachtler, Babin, Ste,vens and Witmbb-. 
      
       Designated pursuant to section 2 of article VI of the State Constitution.
     