
    The People of the State of New York, Appellant, v. Herman Ricken, Respondent. The People of the State of New York, Appellant, v. Elaine Gallietta, Respondent.
    Submitted November 20, 1970;
    decided December 9, 1970.
    
      
      Howard A. Levine, District Attorney (G. Douglas Griset and Philip Stillman of counsel), for appellant.
    
      Max H. Hershkowitz for respondents.
   Order affirmed on the opinion at the Appellate Division.

Concur: Chief Judge Fuld and Judges Burke, Bergan, Breitel and Gibson. Judges Scileppi and Jasen dissent and vote to reverse on the dissenting opinion at the Appellate Division.  