
    The People of the State of New York, Respondent, v. Arthur Barber, Appellant.
    Argued January 13, 1972;
    decided March 16, 1972.
    
      
      John M. Armentano for appellant.
    
      Burton B. Roberts, District Attorney (Daniel J. Sullivan and Michael F. Youdovin of counsel), for respondent.
   no opinion.

Concur: Judges Burke, Scileppi, Bergax, Breitel, Jasex and Gibsox. Chief Judge Fuld concurs on constraint of People v. Ganci (27 N Y 2d 418) and People v. Rainey (28 N Y 2d 863).  