Opinion
Argued January 18, 1962
Decided March 29, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GERALD P. CULKIN, J.
Frank S. Hogan, District Attorney ( Peter R. Rosenblatt of counsel), for appellant.
Nicholas P. Christy for respondent.
Order affirmed upon the authority of People v. Scopas ( 11 N.Y.2d 120), decided herewith. No opinion.
Concur: Judges DYE, FULD, FROESSEL and VAN VOORHIS. Chief Judge DESMOND and Judges BURKE and FOSTER dissent and vote to reverse and to reinstate the information upon the dissenting opinion of Judge BURKE in People v. Scopas ( 11 N.Y.2d 120, 123), decided herewith.