
    The People of the State of New York, Respondent, v. Robert Miles, Appellant.
    Argued March 5, 1969;
    decided April 10, 1969.
    
      
      Phylis Skloot Bamberger and Anthony F. Marra for appellant.
    
      Thomas J. Mackell, District Attorney (George D. Marlow of counsel), for respondent.
   Concur: Chief Judge Fudd and Judges Burke, Scileppi, Bergan, Keating, Breited and Jasen.  