
    The People of the State of New York, Respondent, v. Thomas K. Smith, Appellant.
    Argued October 19, 1971;
    decided November 18, 1971.
    
      
      Patrick M. Wall, Edward Bennett Williams and Kenneth Kaplan for appellant.
    
      Louis J. Lefkowitz, Attorney-General (Brenda Soloff, Samuel A. Hirshowitz and Orestes J. Mihaly of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Judge Burke dissents and votes to reverse on the dissenting opinion at the Appellate Division.  