
    The People of the State of New York, Respondent, v. Warren William Scarberry, Appellant.
    Argued March 15, 1972;
    decided April 26, 1972.
    
      
      Herman Schwartz for appellant.
    
      Jack B. Lazarus, District Attorney (Edward J. Spires of counsel), for respondent.
   no opinion.

Concur: Chief Judge Ftjld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  