Opinion
Argued June 6, 1972
Decided July 6, 1972
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HYMAN KORN, J.
O. John Rogge, Milton C. Weisman and Richard H. Rosenberg for appellant.
Frank S. Hogan, District Attorney ( Lewis R. Friedman, Herman Kaufman and Michael R. Juviler of counsel), respondent.
Appeal dismissed, without costs, upon the ground that the question certified is not decisive of the appeal since the Appellate Division reversed "on the law, the facts and in the exercise of discretion". (See Cohen and Karger, Powers of the New York Court of Appeals, p. 375 et seq.)