Opinion
Argued May 31, 1961
Decided July 7, 1961
Appeal from the County Court of Kings County, HYMAN BARSHAY, J.
Nathan Kestnbaum and Alfred Norick for appellant.
Edward S. Silver, District Attorney ( William I. Siegel of counsel), for respondent.
Judgment of conviction affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Judge FROESSEL dissents and votes to reverse and to order a new trial for the reasons stated in his dissenting opinion in People v. Hernandez ( 10 N.Y.2d 774), decided herewith.