Majority
p. 797The People of the State of New York, Respondent, v. Carter Caldwell, Appellant. Argued March 4, 1969; decided April 9, 1969.
p. 799
Stuart D. Root for appellant.
Frank S. Hogan, District Attorney (Sybil H. Landau and Michael R. Juviler of counsel), for respondent.
Concur: Chief Judge Fuld. and Judges Burke, Bergan, Keating and Breitel. Judges Scileppi and Jasen dissent and vote to affirm.