Opinion
Argued September 29, 1964
Decided October 15, 1964
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, E. HOWARD RINGROSE, J.
Anthony J. Fernicola for appellant.
Arthur Darrigrand, District Attorney ( J. Stuart Fero of counsel), for respondent.
Order affirmed; no opinion.
Application pursuant to section 520 of the Code of Criminal Procedure, considered as a motion for leave to appeal to the court, granted.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.