
    The People of the State of New York, Respondent, v. Percy Rutherford, Appellant.
    Argued February 27, 1968;
    decided April 3, 1968.
    
      
      Matthew Muraskin and James J. McDonough for appellant.
    
      William Cohn, District Attorney (Henry P. DeVi/ne of counsel), for respondent.
   Judgment affirmed (Code Crim. Pro., § 542); no opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.  