Opinion
Argued June 2, 1966
Decided July 7, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALBERT A. OPPIDO, J.
James F. Niehoff for appellant. William Cahn, District Attorney ( Henry P. De Vine of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI and KEATING. Judges FULD and BERGAN dissent and vote to reverse and to dismiss the indictment upon the ground that defendant's guilt was not established beyond a reasonable doubt.