
    The People of the State of New York, Respondent, v. Charles Walter Acker, Appellant.
    Submitted February 22, 1971;
    decided April 8, 1971.
    
      
      Mem Feigin for appellant.
    
      Frank 8. Hogan, District Attorney (Burton N. Lipshie and Michael B. Juviler of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  