
    The People of the State of New York, Respondent, v. Allen Rose, Appellant.
    Argued November 16, 1973;
    decided December 27, 1973.
    
      ' Margaret M. Hill for appellant.
    
      Mario Merola, District Attorney (Barbara J. Crum Neale of counsel), for respondent.
   Order reversed and case remitted to Supreme Court, Bronx County, for a hearing (see People v. Callaway, 24 N Y 2d 127, and People v. Montgomery, 24 N Y 2d 130).

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen, Gabrielli, Jones and Wachtler.  