
    The People of the State of New York, Appellant, v. Harold Minor Mitchell, Respondent.
    Argued April 25, 1969;
    decided May 15, 1969.
    
      
      Robert R. Meehan, District Attorney (Harold A. Seidenberg of counsel), for appellant.
    
      Arnold Becker and Joseph Hirshfeld for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan and Breitel. Judge Jasen concurs in result only. Taking no part: Judge Keating.  