Opinion
Argued October 1, 1962
Decided November 1, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HERBERT E. HENION, J.
Morton B. Silberman, District Attorney, for appellant.
Anthony F. Avallone for respondent.
Order reversed upon the dissenting opinion of BELDOCK, P.J., at the Appellate Division and the judgment of the County Court of Rockland County reinstated. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS and BURKE.
We believe that the Appellate Division was correct in reversing defendant's conviction on the authority of People v. Randall ( 9 N.Y.2d 413). In our view, we may reach a different conclusion only by repudiating our carefully considered decision in that case.