
    The People of the State of New York, Respondent, v. Michael Irizarry, Appellant.
    Argued October 8, 1970;
    decided November 12, 1970.
    
      
      Robert H. Levy and Milton Adler for appellant.
    
      Eugene Gold, District Attorney (Carl S. Wolfson of counsel), for respondent.
   Order affirmed; no opinion.

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