Opinion
Argued May 26, 1971
Decided July 7, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PAUL KELLY, J.
William Cahn, District Attorney ( Henry P. DeVine of counsel), for appellant.
Gustave H. Newman for respondents.
Frank S. Hogan, District Attorney ( Lewis R. Friedman and Michael R. Juviler of counsel), amicus curiae.
Order reversed, indictment reinstated and case remitted to Nassau County Court for trial (see People v. Feinlowitz, 29 N.Y.2d 176, decided herewith). No opinion.
Concur: Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD and Judge BURKE dissent and vote to affirm for the reasons stated in the dissenting opinion in People v. Feinlowitz ( 29 N.Y.2d 176), decided herewith.