Opinion
Argued October 4, 1972
Decided November 2, 1972
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD BIRNS, J.
Cameron Clark for appellant.
Frank S. Hogan, District Attorney ( Andrew E. Abraham and Michael R. Juviler of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD dissents and votes to reverse and dismiss the indictment on the ground — as stated by the dissenters at the Appellate Division — that defendant's guilt was not established beyond a reasonable doubt.