Opinion
Argued May 31, 1973
Decided July 2, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GORDON M. LIPETZ, J.
C. Whitman Hobbs for appellant.
George J. Aspland, District Attorney ( Joseph R. Mule of counsel), for respondent.
Order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, GABRIELLI and JONES. Judges BREITEL, JASEN and WACHTLER dissent and vote to reverse and order a new trial upon the ground that there was a question of fact as to the accomplice status of the witness Hursell which should have been submitted to the jury.