Opinion
Argued November 29, 1966
Decided December 30, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILFRED A. WALTEMADE, J.
Gertrude S. Rosenthal and Anthony F. Marra for appellant.
Isidore Dollinger, District Attorney ( Arnold Kideckel of counsel), for respondent.
Judgment reversed and a new trial ordered upon the dissenting opinion at the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, and KEATING. Judges BURKE, SCILEPPI and BERGAN dissent and vote to affirm.