
    The People of the State of New York, Respondent, v. Leo A. Di Giangiemo, Appellant.
    Argued May 13, 1971;
    decided May 26, 1971.
    
      
      Susan Crandall, James J. McDonough and Matthew Muraskin for appellant.
    
      William Cahn, District Attorney (Henry P. DeVme of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  