Majority
p. 738The People of the State of New York, Respondent, v. Harry Carson McNerlin, Appellant. Argued January 22, 1962; decided February 22, 1962.
p. 739
John E. Gotelli and John E. Egan for appellant.
Frank D. O’Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.