Opinion
Reargued October 14, 1970
Decided November 12, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JAMES M. BARRETT, J.
Stephan Peskin, Henry B. Rothblatt, Martin B. Adelman and Emma A. Rothblatt for appellant.
Burton B. Roberts, District Attorney ( Peter Grishman of counsel), for respondent.
Upon reargument of an appeal from an order of the Appellate Division, First Department, reversing a judgment of conviction and ordering a new trial, which order was heretofore reversed and the judgment of conviction reinstated ( 1 N.Y.2d 137 ), and the reinstated judgment having been amended after a Huntley hearing, the prior decision of reversal and reinstatement adhered to. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.