Opinion
Argued May 29, 1968
Decided June 14, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MICHAEL F. KERN, J.
Neil G. Epstein and Anthony F. Marra for appellant.
Aaron E. Koota, District Attorney ( Harold M. Brown of counsel), for respondent.
Order reversed and a new trial ordered on the dissenting opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI. BERGAN, KEATING, BREITEL and JASEN.