
    The People of the State of New York, Appellant, v. Robert E. Usher, Respondent.
    Argued February 21, 1974;
    decided March 21, 1974.
    
      
      Jack B. Lazarus, District Attorney (Melvin Bressler of counsel), for appellant.
    
      Robert S. Beer and Nicholas P. Varlan for respondent.
   Order affirmed on the opinion by Mr. Justice Fbabk Del Vecchio at the Appellate Division.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.  