
    The People of the State of New York, Respondent, v. Arturo Diaz, Appellant.
    Argued April 23, 1970;
    decided May 14, 1970.
    
      
      Julia P. Heit and Milton Adler for appellant.
    
      Burton B. Roberts, District Attorney (Marian Blank Belenky of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Judges Burke, Scileppi, Bergan, Jasen and Gibson. Chief Judge Fuld and Judge Breitel dissent and vote to reverse and grant a hearing on the authority of People v. O’Bryan (26 N Y 2d 95).  