
    The People of the State of New York, Respondent, v. John Benjamin Harvin, Appellant.
    Submitted December 11, 1969;
    decided January 8, 1970.
    
      
      Julia P. Heit and Milton Adler for appellant.
    
      John M. Braisted, Jr. (Norman G. Morse of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Bergan, Breitel, Jasen and Gibson. Judge Scileppi concurs solely upon the ground that the District Attorney concedes that a hearing should be held.  