
    The People of the State of New York, Respondent, v. Eugenio Hernandez, Appellant.
    Argued June 2, 1969;
    decided July 2, 1969.
    
      
      Arnold E. Wattach for appellant.
    
      Frank S. Hogan, District Attorney (Harold Roland Shapiro of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen.  