Opinion
Argued January 18, 1968
Decided February 15, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JULIUS HELFAND, J.
Nancy Carley for appellant.
Aaron E. Koota, District Attorney ( Aaron Nussbaum of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges SCILEPPI, BERGAN, KEATING and JASEN. Chief Judge FULD and Judges BURKE and BREITEL dissent and vote to reverse on the ground that the affidavit upon which the search warrant was based was insufficient to establish probable cause to believe that a crime was being committed in defendant's apartment.