
    In the Matter of Allan Kaminsky, Appellant, v. Howard R. Leary, as Police Commissioner of the Police Department of the City of New York, et al., Respondents.
    Argued April 21, 1971;
    decided May 26, 1971.
    
      
      Samuel Resnicoff and Eli Kramer for appellant.
    
      J. Lee Rankin, Corporation Counsel (Leonard Koerner and Stanley Buchsbaum of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  