
    The People of the State of New York, Respondent, v. Joel Smith, Appellant.
    Argued March 30, 1964;
    decided April 30, 1964.
    
      
      Joshua N. Koplovitz for appellant.
    
      Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Judges Dye, Van Voorhis, Burke and Scileppi. Chief Judge Desmond and Judges Fuld and Bergan dissent and vote to reverse and to order a hearing.  