Opinion
Argued June 9, 1975
Decided June 24, 1975
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PETER T. FARRELL, J.
Lawrence H. Sharf and William E. Hellerstein for appellant.
Nicholas Ferraro, District Attorney (Thomas A. Duffy, Jr. of counsel), for respondent.
Order reversed and a new trial ordered on the dissenting opinion by Mr. Justice JAMES D. HOPKINS at the Appellate Division.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.