
    The People of the State of New York, Appellant, v Thomas Canner, Respondent.
    Argued September 17, 1976;
    decided October 19, 1976
    
      Eugene Gold, District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for appellant.
    
      Abraham Schatzman for respondent.
   Order affirmed on the memorandum at Appellate Term.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  