Majority
p. 799The People of the State of New York, Respondent, v. Thomas Martin, J. Carlisle Pierce, Kenneth Alt and James I. Roberts, Appellants. Argued May 28, 1963; decided July 10, 1963.
p. 800
Earl P. Boyle, Paul R. Shanahan and Henry E. Taylor for appellants.
Joseph A. Ryan, District Attorney (Helen B. Norevn of counsel), for respondent.
Order affirmed. All we hold in affirming the appeal herein is that the indictment is sufficient on its face to withstand a demurrer. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke, Foster and Scileppi. Judge Van Voorhis dissents and votes to reverse and to dismiss the indictment upon the ground that it fails to allege facts sufficient to constitute a crime.