Opinion
Argued December 5, 1961
Decided January 11, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HYMAN BARSHAY, J.
Frank Serri for appellant.
Edward S. Silver, District Attorney ( Frank Di Lalla of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.