
    The People of the State of New York, Respondent, v. Dennis J. Smith, Appellant.
    Argued October 30, 1969;
    decided November 26, 1969.
    
      
      Susan E. Crandall, James J. McDonough and Matthew Murashin for appellant.
    
      William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  