Majority
p. 791The People of the State of New York, Appellant, v. Sam Small, Respondent. Argued May 29, 1968; decided June 14, 1968.
p. 792
Neil G. Epstein and Anthony F. Marra for appellant.
Aaron E. Koota, District Attorney (Harold M. Brown of counsel), for respondent.
Order reversed and a new trial ordered on the dissenting opinion at the Appellate Division.
Concur: Chief Judge Fuld and Judges Burke, Scilefpi. Bergan, Keating, Breitel and Jasen.