
    The People of the State of New York, Respondent, v. Albert Poole, Appellant.
    Argued February 18, 1971;
    decided March 3, 1971.
    
      Málvine Nathcmson and Milton Adler for appellant.
    
      
      Thomas J. Mackell, District Attorney (George D. Marlow of counsel), for respondent.
   Concur: Chief Judge Fuhd and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  