Opinion
Argued April 30, 1973
Decided May 4, 1973
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD BIRNS, J.
John Nicholas Iannuzzi for appellant.
Frank S. Hogan, District Attorney ( Hugh Anthony Levine and Michael R. Juviler of counsel), for respondent.
Order reversed for the reasons stated in the dissenting opinion at the Appellate Division and a new trial ordered on counts of the indictment submitted to the jury but upon which a verdict was not returned.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.