
    The People of the State of New York, Respondent, v. John Miller, Appellant.
    Argued January 13, 1971;
    decided February 18, 1971.
    
      
      Pierre N. Leval, Milton Adler and Kenneth M. Kirschner for appellant.
    
      Thomas J. Mackell, District Attorney (Thomas A. Duffy, Jr. of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.  