
    The People of the State of New York, Respondent, v. Riley Rainey, Appellant.
    Argued April 21, 1971;
    decided May 12, 1971.
    
      
      Suscm E. Crandall, James J. McDonough and Matthew Murasfcm for appellant.
    
      William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.
   Concur: Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld concurs in the following memorandum: Although I still subscribe to the views expressed in my dissent in People v. Ganci (27 N Y 2d 418, 430), I am constrained by that decision to vote for affirmance.  