
    The People of the State of New York, Respondent, v. Ellis Sydnor, Appellant.
    Argued March 28, 1962;
    decided April 5, 1962.
    
      
      Nathan A. Bork for appellant.
    
      Frank S. Hogan, District Attorney (Arthur C. Muhlstock and H. Richard Uviller of counsel), for respondent.
   Concur: Chief Judge Desmond and Judges Dye, Fuld and Foster. Judges Froessel, Van Voorhis and Burke dissent and vote to affirm.  