
    The People of the State of New York, Respondent, v. Rudolph Smallwood, Appellant.
    Argued October 5, 1972;
    decided November 2, 1972.
    
      Richard P. Fennelly and William E. Hellerstein for appellant.
    
      Eugene Gold, District Attorney (Joel M. Goldberg of counsel), for respondent.
   no opinion.

Concur: Chief Judge Full and Judge's Bubke, Scileppi, Bebgan, Beeitel, Jasen and Gibson.  