Opinion
Argued January 19, 1961
Decided February 23, 1961
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, EZRA HANAGAN, J.
Nathan A. Bork for appellant.
Arthur A. Darrigrand, District Attorney ( J. Stuart Fero of counsel), for respondent.
Order reversed and the matter remitted to the Oneida County Court for a new hearing for the reasons stated in the dissenting opinion of the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.