
    The People of the State of New York, Respondent, v. Robert Lemmo, Appellant.
    Argued March 22, 1972;
    decided April 26, 1972.
    
      
      Howard D. Stave for appellant.
    
      Thomas J. Mackell, District Attorney (Martin L. Bracken of counsel), for respondent.
   no opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  