Opinion
Argued November 15, 1974
Decided December 20, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HAROLD L. WOOD, J.
Joseph B. Hirschfield for appellant.
Carl A. Vergari, District Attorney ( James M. Rose and Stephen C. Unsino of counsel), for respondent.
Stephen J. Pittari and Robert W. Stieve for Legal Aid Society of Westchester County, amicus curiae.
Order reversed and a new trial ordered on the dissenting memorandum at the Appellate Division.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.