
    The People of the State of New York, Respondent, v. Vincent Flemming, Appellant.
    Argued January 21, 1970;
    decided February 18, 1970.
    
      
      William M. Erlbaum for appellant.
    
      Eugene Gold, District Attorney (William I. Siegel of counsel), for respondent.
   Concur: Chief Judge Full and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  