
    The People of the State of New York, Respondent, v. Frank Mistretta, Appellant.
    Submitted October 5, 1959;
    decided October 8, 1959.
   Application to have appeal heard upon the original record and for assignment of counsel granted and John R. Davison, Esq., of 90 State Street, Albany, New York, assigned as counsel to appellant on the appeal herein.  