
    The People of the State of New York, Respondent, v. Edward Joseph Fontaine, Appellant.
    Argued January 12, 1971;
    decided February 17, 1971.
    
      
      Edward J. McLaughlin and Charles J. Engel, Jr. for appellant.
    
      Thomas B. North, District Attorney, for respondent.
   Concur: Chief Judge Ftjld and Judges Scilbppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.  