Opinion
Argued May 6, 1964
Decided June 4, 1964
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD T. McCAFFREY, J.
Isidore Dollinger, District Attorney ( Fortune S. Macri and Walter E. Dillon of counsel), for appellant. Matthew Muraskin and Anthony F. Marra for respondent.
Order affirmed ( People v. Pearson, 12 N.Y.2d 978); no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and BERGAN. Judge SCILEPPI dissents and votes to reverse.