Opinion
Argued March 4, 1969
Decided April 23, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALBERT A. OPPIDO, J.
Donald V. Kane for appellant.
William Cahn, District Attorney ( Henry P. De Vine of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN. Chief Judge FULD dissents and votes to reverse and order a new trial on the dissenting opinion of Justice BENJAMIN at the Appellate Division.