
    The People of the State of New York, Respondent, v. Nicholas Cardaio, Appellant.
    Argued April 24, 1969;
    decided May 15, 1969.
    
      
      Max Feigin for appellant.
    
      Thomas J. Mackell, District Attorney (George D. Marlow of counsel), for respondent.
   Concur: Chief Judge Ftjld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Judge Keating.  