
    The People of the State of New York, Respondent, v. Raymond McCleary, Appellant.
    Argued January 22, 1970;
    decided February 19, 1970.
    
      
      Lawrence Stern and Milton Adler for appellant.
    
      Burton B. Roberts, District Attorney (Bennett M. Epstein of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  