
    First Department,
    October, 1968
    (October 1, 1968)
    The People of the State of New York, Respondent, v. James Smiley, Appellant.
   Decision is recalled and the order of this court entered on September 19, 1968 [30 A D 2d 935] is vacated. This appeal is to be placed on the calendar for the November 1968 Term of this court. Concur — Stevens, J. P., Eager, Capozzoli, McGivern and Rabin, JJ.  