Majority
p. 947The People of the State of New York, Appellant, v. Gary Edwin Niven, Respondent. Argued January 3, 1972; decided January 14, 1972.
p. 948
Michael F. Dillon, District Attorney (Judith Blake Mansella of counsel), for appellant.
No appearance for respondent.
Order affirmed on the opinion at the Appellate Division.
Concur: Chief Judge Fuld and Judges Scileppi, Beegan, Beeiiel, Jasen and Gibson. TaMng no part: Judge Bueke.