
    The People of the State of New York, Appellant, v Richard J. Paige, Respondent.
    Argued October 12, 1976;
    decided November 23, 1976
    
      Robert E. Jones, District Attorney, for appellant.
    
      Russell E. Ruthig for respondent.
   Order affirmed (People v Gilligan, 39 NY2d 769; People v Malinsky, 15 NY2d 86; People v Rosario, 9 NY2d 286).

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