Majority
p. 898The People of the State of New York, Respondent, v. Adolf Ordner, Also Known as Adolf Ornder, Appellant. Argued. May 4, 1966; decided June 9, 1966.
p. 899
Lawrence K. Feitell, Selig Lenefsky and Arthur C. Muhlstock for appellant.
Frank S. Hogan, District Attorney (Harold Roland Shapiro of counsel), for respondent.
Judgment reversed and a new trial ordered upon the ground that there is insufficient proof of the underlying felony. On the new trial there should not be a repetition of the error committed when the arresting officer was allowed to testify that before the arrest he had been shown in the police station a photograph of defendant.
Concur: Chief Judge Desmond and Judges Fuld, Van Voobhis, Beegan and Keating. Judges Bubke and Scileppi dissent and vote to affirm.