Majority
p. 876The People of the State of New York, Respondent, v. Hollis Barnes, Appellant.
Motion granted and order entered October 21, 1971 amended to state that a constitutional question was presented and passed upon. Present —Del Vecchio, J. P., Marsh, Witmer, Gabrielli and Cardamone, JJ. [ 37 A D 2d 918 .]