Opinion
Argued May 1, 1972
Decided June 7, 1972
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, AMOS E. BOWMAN, J.
Joel Berger and Robert Kasanof for appellant.
Frank S. Hogan, District Attorney ( Jonathan Lovett and Michael R. Juviler of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BREITEL, JASEN and GIBSON. Chief Judge FULD and Judge BERGAN dissent and vote to reverse upon the ground that defendant's guilt of violating section 190.25 of the Penal Law was not proven beyond a reasonable doubt.