
    The People of the State of New York, Respondent, v. Carter Caldwell, Appellant.
    Argued March 4, 1969;
    decided April 9, 1969.
    
      
      Stuart D. Root for appellant.
    
      Frank S. Hogan, District Attorney (Sybil H. Landau and Michael R. Juviler of counsel), for respondent.
   Concur: Chief Judge Fuld. and Judges Burke, Bergan, Keating and Breitel. Judges Scileppi and Jasen dissent and vote to affirm.  