Opinion
Argued May 13, 1968
Decided June 5, 1968
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE M. CARNEY, J.
Frank S. Hogan, District Attorney ( Laurence Leff and H. Richard Uviller of counsel), for appellant.
Hyman Frank for respondent.
Order reversed and order of Supreme Court, New York County, reinstated on the dissenting opinion at the Appellate Division.
Concur: Judges SCILEPPI, BERGAN, KEATING, BREITEL and JASEN. Chief Judge FULD and Judge BURKE dissent and vote to affirm on the majority opinion at the Appellate Division.