
    The People of the State of New York, Respondent, v Henry Michael Hall, Appellant.
   Judgment of the Supreme Court, Queens County, rendered June 4, 1974, affirmed. The factual pattern of this case is governed by People v Pena (37 NY2d 642) and not by People v Goggins (34 NY2d 163). Hopkins, Acting P. J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.  