Opinion
Argued October 7, 1969
Decided October 30, 1969
Appeal from the Supreme Court for the Second and Eleventh Judicial Districts of the Second Judicial Department, HERBERT I. SORIN, J.
Sidney Schmukler for appellant.
Eugene Gold, District Attorney ( Raymond J. Scanlan and Harry Brodbar of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD and Judge BURKE dissent and vote to reverse in the following memorandum: Defendant's guilt was not proved beyond a reasonable doubt. Although the narcotic drug was found in defendant's apartment in the pocket of a coat belonging to him, the evidence establishes that he did not have exclusive dominion or control of it, that it was hanging on a door in an open room and that any one of a number of persons who were present had ample opportunity to place the drug in the coat pocket.