Opinion
Argued January 13, 1972
Decided February 10, 1972
Appeal from the Supreme Court in the Second and Eleventh Judicial Districts of the Second Judicial Department, ALBERT R. MURRAY, J.
Benjamin Heinrich, William E. Hellerstein, and Robert Kasanof for appellant.
Eugene Gold, District Attorney ( Raymond J. Scanlan and Harry Brodbar of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN and GIBSON. Chief Judge FULD and Judges BREITEL and JASEN dissent and vote to modify by reversing the conviction of fraudulent accosting under former section 165.30 of the Penal Law upon the ground that the statute on which the prosecution was based was unconstitutionally vague.