
    The People of the State of New York, Respondent, v. Antonio Fuentes, Appellant.
    Argued January 21, 1970;
    decided February 19, 1970.
    
      
      Max Fruchtman and Arnold E. Wallach for appellant.
    
      Burton B. Roberts, District Attorney (Alan D. Singer of counsel), for respondent.
   Concur: Judges Scileppi, Bergan, Jasen and Gibson. Chief Judge Fuld and Judges Burke and Breitel dissent and vote to reverse (see People v. Montgomery, 24 N Y 2d 130; People v. O ’Bryan, 26 N Y 2d 95).  