
    The People of the State of New York, Respondent, v. James Boulware, Appellant.
    Submitted September 13, 1971;
    decided September 23, 1971.
   Motion to amend remittitur denied as unnecessary for the reason that the opinion of the Court of Appeals clearly indicates that the constitutional argument raised was passed upon (see People v. Minicone, 29 N Y 2d 550, 552; People v. Yukl, 26 NY 2d 845). [See 29 N Y 2d 135.]  