Opinion
Argued May 6, 1963
Decided May 29, 1963
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE P. STIER, J.
Edward Q. Carr, Jr., and Anthony F. Marra for appellant.
Frank D. O'Connor, District Attorney ( Benj. J. Jacobson of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, FOSTER and SCILEPPI. Judge FULD dissents and votes to reverse for the reasons stated in the dissenting opinion at the Appellate Division.