
    The People of the State of New York, Respondent, v. Willie Smith, Appellant.
    Argued October 9, 1969;
    decided October 29, 1969.
    
      
      Bernard E. Gegan for appellant.
    
      Michael F. Dillon, District Attorney (Judith Blake Mansella of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  