
    The People of the State of New York, Respondent, v Marilyn McFarlan, Appellant.
    Argued April 25, 1977;
    decided June 16, 1977
    
      
      Irving Cohen for appellant.
    
      Robert M. Morgenthau (Peter L. Zimroth and Robert M. Pitler of counsel), for respondent.
   Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler and Fuchsberg. Judges Jasen and Cooke dissent and vote to affirm on the Per Curiam opinion at the Appellate Division (52 AD2d 112).  