
    The People of the State of New York, Appellant, v. Vito D’Angelo, Respondent.
    Argued June 7, 1971;
    decided July 7, 1971.
    
      
      Burton B. Roberts, District Attorney (Susan Froehly Teich of counsel), for appellant.
    
      Stephen Hochhauser, Fred Baroni, Albert Blinder and Blinder and Steinhaus for respondent.
   Order affirmed on the opinion at the Appellate Division.

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