Opinion
Argued January 21, 1970
Decided February 19, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MITCHELL D. SCHWEITZER, J.
Max Fruchtman and Arnold E. Wallach for appellant.
Burton B. Roberts, District Attorney ( Alan D. Singer of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges SCILEPPI, BERGAN, JASEN and GIBSON. Chief Judge FULD and Judges BURKE and BREITEL dissent and vote to reverse (see People v. Montgomery, 24 N.Y.2d 130; People v. O'Bryan, 26 N.Y.2d 95).