
    The People of the State of New York, Respondent, v. Ross Durso, Appellant.
    Argued April 19, 1971;
    decided May 12, 1971.
    
      
      William A. Nelson and Milton Adler for appellant.
    
      Burton B. Roberts, District Attorney (Michael F. Toudovm of counsel), for respondent.
   Concur: Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld dissents and votes to reverse on the dissenting opinion at the Appellate Term.  