Order affirmed; no opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergak and Gibsok. Judges Breitel and Jasek concur in the following memorandum: The defendant as a witness was misinformed as to the immunity to which he would be entitled if his testimony were to be compelled (People v. Masiello, 28 N Y 2d 287). However, the information he received was indistinguishable from that given in People v. Mulligan (29 N Y 2d 20), on constraint of which we concur and vote to affirm.