
    The People of the State of New York, Appellant, v. Roger G. Doyle, Respondent.
    Argued January 12, 1970;
    decided February 18, 1970.
    
      
      Eugene Gold, District Attorney (Carl S. Wolfson of counsel), for appellant.
    
      Arthur D. Oxenberg for respondent.
   Concur: Chief Judge Fuld and Judges Bergan, Breitel and Gibson. Judges Scileppi and Jasen dissent and vote to reverse on the dissenting opinion at the Appellate Division. Taking no part: Judge Burke.  