Opinion
Argued June 1, 1967
Decided July 7, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD T. McCAFFREY, J.
J. Jeffrey Weisenfeld and Anthony F. Marra for appellant.
Isidore Dollinger, District Attorney ( Robert Cantor and Arnold Kideckel of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge FULD and Judge KEATING dissent and vote to remand for a hearing ( People v. Elfe, 18 N.Y.2d 601). Taking no part: Judge BREITEL.