Opinion
Argued January 5, 1972
Decided February 9, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWARD THOMPSON, J.
Malvine Nathanson and Robert Kasanof for appellant.
Thomas J. Mackell, District Attorney ( Thomas A. Duffy, Jr. of counsel), for respondent.
Order affirmed (see People v. Basey, 28 N.Y.2d 627; People v. Flagg, 28 N.Y.2d 628). No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.