
    The People of the State of New York, Appellant, v. Thomas Bronk, Respondent.
    Argued January 12, 1973;
    decided February 8, 1973.
    
      
      Frank S. Hogan, District Attorney (Herman Kaufman and Michael R. Juviler of counsel), for appellant.
    
      Carol Berkman, William E. Hellerstein and Robert Kasanof for respondent.
   Concur: Chief Judge Fuld and Judges Jasen, Jones and Wachtler. Judges Burke and G-abrielli dissent and vote to reverse on the dissenting opinion at the Appellate Term. Taking mo part: Judge Breitel.  