
    The People of the State of New York, Respondent, v Robert N. Middleton, Appellant.
    Submitted October 14, 1977;
    decided November 17, 1977
    
      APPEARANCES OF COUNSEL
    
      Joseph R. Brennan for appellant.
    
      Daniel T. Smith, District Attorney, for respondent.
   OPINION OF THE COURT

Order affirmed on the memorandum at the Appellate Division (50 AD2d 1040).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  