Opinion
Argued February 28, 1962 Reargued May 27, 1968.
Decided May 29, 1968
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GERALD P. CULKIN, J.
Frank S. Hogan, District Attorney ( John A.K. Bradley and H. Richard Uviller of counsel), for appellant. Joel H. Weinberg and Arnold E. Wallach for respondent.
Upon reargument: Order affirmed on the majority opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, BERGAN and BASTOW. Judges SCILEPPI, KEATING and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division.
Designated pursuant to section 2 of article VI of the State Constitution in place of Breitel, J., disqualified.