Opinion
Argued May 3, 1966
Decided June 9, 1966
Appeal from the Supreme Court in the First Judicial Department, REUBEN LEVY, J.
Lloyd McAulay for appellant.
Frank S. Hogan, District Attorney ( Frederick P. Hafetz and H. Richard Uviller of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE, SCILEPPI and KEATING. Judges FULD and BERGAN dissent and vote to reverse and to dismiss the complaint on the dissenting opinion at the Appellate Term.