Opinion
Argued April 12, 1965
Decided May 20, 1965
Appeal from the Supreme Court in the Second Judicial Department, GEORGE BALBACH, J., and BERNARD DUBIN, J.
Frank D. O'Connor, District Attorney ( Harvey B. Ehrlich of counsel), for appellant.
Marvin M. Karpatkin, Carl Rachlin, Melvin L. Wulf, Nanette Dembitz, Janet Ann Johnson, George Schiffer and Henry M. Di Suvero for respondents.
Order affirmed upon the opinion at the Appellate Term; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and BERGAN. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to reinstate the convictions upon the ground that, under the facts in the record, defendants were guilty of violating section 2036 and subdivisions 2 and 4 of section 722 of the Penal Law.