Majority
p. 913The People of the State of New York, Respondent, v. Donald C. Carter, Appellant. Argued April 10, 1969; decided April 24, 1969.
p. 914
Edward J. Rose and George G. Fiesinger for appellant.
Albert W. Schneider, District Attorney (Henry D. Blumberg of counsel), for respondent.
Concur: Chief Judge Fuld and Judges Burke, Bergan and Breitel. Judges Scileppi and Jasen dissent and vote to affirm on the opinion at the County Court. Taking no part: Judge Keating.