
    The People of the State of New York, Respondent, v. Calvin Frazier, Appellant. The People of the State of New York ex rel. Calvin Frazier, Appellant, v. James A. Thomas, as Warden, Penitentiary of the City of New York, Respondent.
    Argued October 13, 1970;
    decided November 11, 1970.
    
      
      Louis L. Schwartz for appellant.
    
      Burton B. Roberts, District Attorney (Marian, Blank Belenky of counsel), for respondent.
   Upon appeal from judgment: Judgment affirmed; no opinion.

Upon appeal from order: Order affirmed, without costs; no opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  