Opinion
Argued April 5, 1971
Decided April 21, 1971
Appeal from the Supreme Court for the Ninth and Tenth Judicial Districts of the Second Judicial Department, IRVING B. KENDALL, J.
Harry Krauss for appellant.
Carl A. Vergari, District Attorney ( B. Anthony Morosco of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD dissents and votes to reverse the judgment and dismiss the information upon the ground that the fruits of the search were not admissible in evidence since there was no probable cause for defendant's arrest for loitering (see People v. Bell, 306 N.Y. 110).