
    The People of the State of New York, Respondent, v. Herman Benjamin Ferguson and Arthur Harris, Appellants.
    Argued October 30, 1969;
    decided December 11, 1969.
    
      
      Gene Ann Condon for appellants.
    
      Thomas J. Mackell, District Attorney (Cornelius J. O’Brien, Thomas A. Demakos and Patrick F. Broderick of counsel), for respondent.
   Concur: Judges Scileppi, Breitel, Jasen and Gibson. Chief Judge Fuld and Judges Burke and Bergan dissent and vote to reverse on the dissenting opinion at the Appellate Division.  