
    The People of the State of New York, Respondent, v. Elbert Bully, Jr., Appellant.
    Argued January 13, 1971;
    decided February 25, 1971.
    
      
      Abraham Werf el and Melvin M. Lebetlcin for appellant.
    
      Thomas J. Machell, District Attorney (Joan B. Carey of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.  