People v. Ferguson — 25 N.Y.2d 728

Majority

p. 728

The People of the State of New York, Respondent, v. Herman Benjamin Ferguson and Arthur Harris, Appellants.

Argued October 30, 1969;

decided December 11, 1969.

p. 729

Gene Ann Condon for appellants.

Thomas J. Mackell, District Attorney (Cornelius J. O’Brien, Thomas A. Demakos and Patrick F. Broderick of counsel), for respondent.

Concur: Judges Scileppi, Breitel, Jasen and Gibson. Chief Judge Fuld and Judges Burke and Bergan dissent and vote to reverse on the dissenting opinion at the Appellate Division.