
36 N.Y.2d 864 (1975)
The People of the State of New York, Respondent,
v.
Charles Johnson, Appellant.
Court of Appeals of the State of New York.
Argued May 6, 1975.
Decided May 13, 1975.
Charles H. Goldstein for appellant.
Mario Merola, District Attorney (Jared J. Scharf of counsel), for respondent.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.
Order affirmed on the opinion by Mr. Justice VINCENT A. LUPIANO at the Appellate Division.
