
    The People of the State of New York, Respondent, v. James Randolph Smith, Appellant.
    Argued June 11, 1962;
    decided July 6, 1962.
    
      
      Martin Fogelman for appellant.
    
      Leonard Rubenfeld, District Attorney (James J. Duggan of counsel), for respondent.
   Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.  