Opinion
Reargued April 8, 1968.
Decided April 18, 1968
Upon reargument, the original decision of July 7, 1966 adhered to.
Concur: Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.
Until the United States Supreme Court has definitely passed on the question here presented, I adhere to the views which I expressed in my dissenting memorandum on the appeal proper herein ( 18 N.Y.2d 650) and in my dissenting opinion in People v. Kaiser ( 21 N.Y.2d 86, 104).