Opinion
Argued September 29, 1965
Decided October 21, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH V. LOSCALZO, J.
Samuel Gottlieb, Anthony F. Marra, Phyllis M. Orlikoff and Stephen A. Lefkowitz for appellant.
Aaron E. Koota, District Attorney ( Aaron Nussbaum of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the indictment upon the ground that the record lacks corroboration of the testimony of the complainant as required by section 2013 of the Penal Law.