Opinion
Argued October 14, 1968
Decided November 13, 1968
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN D. DAVIDSON, J.
Helaine Barnett and Anthony F. Marra for appellant.
Frank S. Hogan, District Attorney ( Michael R. Juviler and Lewis R. Friedman of counsel), for respondent.
Orders reversed on the dissenting opinion at the Appellate Division and matter remitted to Criminal Term for a hearing.
Concur: Chief Judge FULD and Judges BURKE, BERGAN and KEATING. Judges SCILEPPI, BREITEL and JASEN dissent and vote to affirm.