Majority
Motion for reargument of motion for leave to appeal as a poor person and for assignment of counsel referred to the court that rendered the decision. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur. Motion for reargument, granted. Motion for leave to appeal as a poor person will be treated as a motion to dispense with printing. Motion granted. The appeal xvill be heard on the original papers and on a typewritten brief. The appellant is directed to file five copies of his typed brief and to serve one copy thereof on the District Attorney. The appellant’s time to perfect the appeal is enlarged to the January 1961 Term, for which term the appeal is ordered to be placed on the calendar. Motion for assignment of counsel granted. William Leibowitz, Esq., 66 Court Street, Brooklyn, New York, is assigned as counsel to prosecute the appeal. Christ, Pette and Brennan, JJ., concur; Beldock, Acting P. J., dissents and votes to deny the motion with the following memorandum: From the papers submitted it affirmatively appears as matter of law that there is no merit in the appeal, since the issues now raised could have been raised on an appeal by defendant from the judgment of conviction.