Opinion
Argued February 21, 1968
Decided April 3, 1968
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES MARKS, J.
Julia P. Heit and Anthony F. Marra for appellant.
Frank S. Hogan, District Attorney ( Sybil H. Landau and Michael Juviler of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Chief Judge FULD and Judge KEATING dissent and vote to reverse and order a hearing (see People v. Boundy, 10 N.Y.2d 518).