Opinion
Argued April 2, 1962
Decided April 26, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILLIAM E. RINGEL, J.P., VINCENT R. IMPELLITTERI and JOHN J. O'BRIEN, JJ., WILLIAM E. RINGEL, P.J., THOMAS E. ROHAN and EDWARD J. CHAPMAN, JJ.
Frank S. Hogan, District Attorney ( Frederick J. Murphy and H. Richard Uviller of counsel), for appellant.
Stanley Hendricks for respondent.
Order affirmed; no opinion.
Concur: Judges DYE, FROESSEL, VAN VOORHIS and FOSTER. Chief Judge DESMOND and Judges FULD and BURKE dissent and vote to reverse and to reinstate the conviction upon the ground that the arrest was in all respects lawful.