
    The People of the State of New York, Appellant, v Pasquale Manfre and Louis Pepitone, Respondents.
    Argued April 2, 1976;
    decided June 10, 1976
    
      
      Mario Merola, District Attorney (Robert J. Hume, III, of counsel), for appellant.
    
      John Nicholas Iannuzzi for respondents.
   Orders affirmed for the reasons stated in the majority opinion by Mr. Justice Louis J. Capozzoli at the Appellate Division (48 AD2d 135).

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Cooke. Judge Jasen dissents and votes to reverse on the dissenting opinion by Mr. Justice Vincent A. Lupiano at the Appellate Division.  