
    The People of the State of New York, Respondent, v John Sanabria, Appellant.
    Argued June 9, 1975;
    decided June 24, 1975
    
      Judith Preble and William E. Hellerstein for appellant.
    
      Richard H. Kuh, District Attorney (Judith K. Rubinstein and Peter Lushing of counsel), for respondent.
    
      Louis J. Lefkowitz, Attorney-General (Gabriel I. Levy and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.
   Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  