
    The People of the State of New York, Appellant, v. Jack Hingerton, Also Known as Jack Molino, Respondent.
    Argued January 19, 1970;
    decided February 19, 1970.
    
      
      George J. Aspland, District Attorney (David F. Jordan of counsel), for appellant.
    
      George R. Hoffman for respondent.
   Concur: Judges Scileppi, Breitel, Jasen and Gibson. Chief Judge Fuld and Judges Burke and Bergan dissent and vote to affirm on the opinion at the Appellate Di vision.  