
    The People of the State of New York, Appellant, v. Charles Smith, Respondent.
   Motion granted to the extent that the order entered December 12, 1972 (40 A D 2d 1068) is amended by adding after the words unanimously reversed ” the words “ on the law and facts.” Present — Goldman, P. J., Del Vecchio, Witmer, Cardamone and Henry, JJ.  