31 N.Y.2d 750 (1972)
The People of the State of New York, Respondent,
The People of the State of New York, Respondent,
v.
Rudolph Smallwood, Appellant.
Court of Appeals of the State of New York.
Argued October 5, 1972. Decided November 2, 1972.Richard P. Fennelly and William E. Hellerstein for appellant.
Eugene Gold, District Attorney (Joel M. Goldberg of counsel), for respondent.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.
Order affirmed; no opinion.