Majority
p. 952The People of the State of New York, Appellant, v. Harold Minor Mitchell, Respondent. Argued April 25, 1969; decided May 15, 1969.
p. 954
Robert R. Meehan, District Attorney (Harold A. Seidenberg of counsel), for appellant.
Arnold Becker and Joseph Hirshfeld for respondent.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan and Breitel. Judge Jasen concurs in result only. Taking no part: Judge Keating.