Opinion
Argued November 22, 1965
Decided December 1, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, J. IRWIN SHAPIRO, J.
Michael A. Grean and Anthony F. Marra for appellants.
Frank D. O'Connor, District Attorney ( Eugene Feldman of counsel), for respondent.
Judgment reversed and indictment dismissed ( People v. English, 16 N.Y.2d 719; People v. Lo Verde, 7 N.Y.2d 114). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and BERGAN. Judge SCILEPPI votes to reverse and to order a new trial.