
    The People of the State of New York, Respondent, v. George Diblin, Appellant.
    Argued January 8, 1962;
    decided January 25, 1962.
    
      
      Edward E. Ellis and Anthony F. Marra for appellant.
    
      Frank S. Hogan, District Attorney (Arthur C. Muhlstock and H. Richard Uviller of counsel), for respondent.
   Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.  