
    The People of the State of New York, Respondent, v. Henry Matthews, Appellant.
    Argued June 4, 1969;
    decided July 2, 1969.
    
      
      Robert C. Miller and Milton Adler for appellant.
    
      Burton B. Roberts, District Attorney (Alan D. Singer and Arnold Kideckel of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen.  