Summary
adopting the reasoning of the dissent in People v. Stevenson, 23 A.D.2d 472, 476, 262 N.Y.S.2d 238, rev'd 17 N.Y.2d 682, 269 N.Y.S.2d 458, 216 N.E.2d 615 (Christ, J., dissenting)
Summary of this case from People v. WoolfolkOpinion
Argued February 23, 1966
Decided March 31, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HYMAN BARSHAY, J.
Susan K. Ginsberg and Anthony F. Marra for appellant.
Aaron E. Koota, District Attorney ( Harold M. Brown of counsel), for respondent.
Judgment reversed, indictment dismissed, and matter remitted to the Supreme Court, Kings County, with direction that appellant be remanded to the Family Court for appropriate proceedings in accordance with the dissenting opinion at the Appellate Division.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.