
    The People of the State of New York, Respondent, v. Theodore Persico, Appellant.
    Argued February 17, 1969;
    decided March 5, 1969.
    
      
      William Sonenshine for appellant.
    
      Eugene Gold, District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.  