Present — Callahan, J. P., Van Voorhis, Shientag, Heffernan and Bergan, JJ.; Callahan, J. P., and Bergan, J., dissent and vote to affirm on the ground that the sentencing court had the right to consider the matters related by the District Attorney and set forth in the probation report in imposing sentence, and under the circumstances the sentence imposed was warranted. Settle order on notice.