39 N.Y.2d 1047 (1976)
The People of the State of New York, Respondent,
The People of the State of New York, Respondent,
v.
Frederick Reeves, Appellant.
Court of Appeals of the State of New York.
Argued June 11, 1976. Decided July 15, 1976.David Gottlieb and William E. Hellerstein for appellant.
Mario Merola, District Attorney (Fredric A. Kerstein of counsel), for respondent.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.
Order affirmed on the memorandum at the Appellate Division (49 AD2d 537).