
    The People of the State of New York, Appellant, v. Gary Edwin Niven, Respondent.
    Argued January 3, 1972;
    decided January 14, 1972.
    
      
      Michael F. Dillon, District Attorney (Judith Blake Mansella of counsel), for appellant.
    No appearance for respondent.
   Order affirmed on the opinion at the Appellate Division.

Concur: Chief Judge Fuld and Judges Scileppi, Beegan, Beeiiel, Jasen and Gibson. TaMng no part: Judge Bueke.  