Opinion
Argued March 23, 1964
Decided April 30, 1964
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MILES F. McDONALD, J.
Edward S. Silver, District Attorney ( William I. Siegel and David Diamond of counsel), for appellant.
Michael Kern for respondent.
Order affirmed (see People v. Monaco, 14 N.Y.2d 43); no opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and BERGAN. Judges DYE and SCILEPPI dissent and vote to reverse and to reinstate the indictment upon the ground that the evidence before the Grand Jury, if uncontradicted, was sufficient for a trial jury to convict defendant.