Majority
p. 544The People of the State of New York, Respondent, v. Joseph Kirkland, Appellant.
Appeal from judgment of the Supreme Court, Kings County, rendered December 8, 1967, dismissed. The judgment was vacated on September 13, 1968 and defendant was resentenced to a term of imprisonment of one year in the New York City Penitentiary. Beldock, P. J., Christ, Brennan, Rabin and Benjamin, JJ., concur.