Opinion
Argued November 16, 1960
Decided January 12, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD T. McCAFFREY, J.
Arnold E. Wallach and Max Fruchtman for appellant.
Isidore Dollinger, District Attorney ( Irving Anolik of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge FULD dissent and vote to reverse and to order a new trial upon the ground that the case did not justify the submission to the jury of the charge of manslaughter, second degree, for the reasons given by the dissenting Justices of the Appellate Division.