Opinion
Argued November 10, 1980
Decided December 18, 1980
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, WILLIAM G. HEFFRON, J.
Joseph B. Mistrett and Rose H. Sconiers for appellant.
Edward C. Cosgrove, District Attorney (John J. De Franks of counsel), for respondent.
Order reversed and a new trial ordered for reasons stated in the dissenting memorandum at the Appellate Division ( 71 A.D.2d 801, 802-804).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.