
    The People of the State of New York, Respondent, v. Michael Tirello, Appellant.
    Argued February 24, 1969;
    decided April 9, 1969.
    
      
      Frederick J. Murphy for appellant.
    
      George J. Aspland, District Attorney (David F. Jordan of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Brbitel and Jasen.  