
    The People of the State of New York, Respondent, v. Philip Tare, Appellant.
    Argued February 26, 1969;
    decided April 10, 1969.
    
      
      Arnold E. Wallach for appellant.
    
      Thomas J. Mackell, District Attorney (George D. Marlow of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Beeitel and Jasen.  