
    The People of the State of New York, Appellant, v Donald Daughtry, Respondent.
    Argued February 18, 1976;
    decided March 25, 1976
    
      
      Eugene Gold, District Attorney (Raymond J. Scanlan of counsel), for appellant.
    
      Herbert Kramer for respondent.
   Order affirmed on the memorandum at the Appellate Term.

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