
    The People of the State of New York, Respondent, v. Joseph Flagg, Appellant.
    Argued December 9, 1970;
    decided February 18, 1971.
    
      
      William E. Heller stein and Milton Adler for appellant.
    
      Eugene Gold, District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Buske, Scileppi, Bebgan, Beeitel, Jasen and Gibson.  