Opinion
Argued October 23, 1959
Decided December 30, 1959
Appeal from the County Court of Westchester County, JOHN B. WHELAN, J.
Irving J. Neimark for appellant.
Joseph F. Gagliardi, District Attorney ( Arthur V. Praete of counsel), for respondent.
Judgment reversed and information dismissed upon the authority of People v. James ( 4 N.Y.2d 482). No opinion.
Concur: Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Judge DESMOND dissents and votes to affirm upon the ground that this is a further, unnecessary and unwise extension of People v. James ( 4 N.Y.2d 482).