Majority
p. 653The People of the State of New York, Respondent, v. Dennis J. Smith, Appellant. Argued October 30, 1969; decided November 26, 1969.
p. 654
Susan E. Crandall, James J. McDonough and Matthew Murashin for appellant.
William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.