Majority
p. 889The People of the State of New York, Respondent, v. Percy Rutherford, Appellant. Argued February 27, 1968; decided April 3, 1968.
p. 890
Matthew Muraskin and James J. McDonough for appellant.
William Cohn, District Attorney (Henry P. DeVi/ne of counsel), for respondent.
Judgment affirmed (Code Crim. Pro., § 542); no opinion.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.