Opinion
Argued April 23, 1970
Decided May 14, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILLIAM LYMAN, J.
Julia P. Heit and Milton Adler for appellant.
Burton B. Roberts, District Attorney ( Marian Blank Belenky of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON. Chief Judge FULD and Judge BREITEL dissent and vote to reverse and grant a hearing on the authority of People v. O'Bryan ( 26 N.Y.2d 95).