Opinion
Argued January 7, 1963
Decided January 23, 1963
Appeal from the Court of Special Sessions of the City of New York, Appellate Part, in the Second Judicial Department, F.X. O'BRIEN, M., JAMES E. LOPICCOLO, M.
Arnold E. Wallach and Joseph Panzer for appellants.
Edward S. Silver, District Attorney ( Raymond J. Scanlon, David Diamond and Harry Brodbar of counsel), for respondent.
Judgments affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, BURKE and SCILEPPI. Judges FULD, VAN VOORHIS and FOSTER dissent and vote to reverse upon the authority of People v. Perlman and Bernstein and People v. Cognetta and Grecco (decided December 31, 1962 in one opinion under the title of People v. Caliente).