
    The People of the State of New York, Respondent, v Richard Leone, Appellant.
    Argued June 6, 1975;
    decided June 19, 1975
    
      Richard Borda for appellant.
    
      
      Henry J. Wenzel, III, District Attorney (Joseph R. Mule and David F. Jordan of counsel), for respondent.
   Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  