
    The People of the State of New York, Respondent, v. James Carter, Appellant.
    Argued October 14, 1970;
    decided January 6, 1971.
    
      
      Carol Berhman and Milton Adler for appellant.
    
      Burton B. Roberts, District Attorney (Bennett M. Epstein of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Bubke, Scileppi, Bebgan, Bbeitel, Jasen and Gibson;  