Majority
p. 846The People of the State of New York, Respondent, v. Ellis Sydnor, Appellant. Argued March 28, 1962; decided April 5, 1962.
p. 847
Nathan A. Bork for appellant.
Frank S. Hogan, District Attorney (Arthur C. Muhlstock and H. Richard Uviller of counsel), for respondent.
Concur: Chief Judge Desmond and Judges Dye, Fuld and Foster. Judges Froessel, Van Voorhis and Burke dissent and vote to affirm.