Majority
p. 735The People of the State of New York, Appellant, v. John Sutton and Richard Peltzman, Respondents.
On the court’s own motion, the decision rendered herein on December 6,1971 is amended by deleting therefrom the words “ and the facts ” (from the second paragraph) and the words “ credibility and ” (from the third paragraph); and order dated the same day amended accordingly. Munder, Acting P. J., Latham, Christ and Benjamin, JJ., concur; Shapiro, J., not voting and adhering to his dissent.