Majority
p. 656The People of the State of New York, Respondent, v. John Benjamin Harvin, Appellant. Submitted December 11, 1969; decided January 8, 1970.
p. 657
Julia P. Heit and Milton Adler for appellant.
John M. Braisted, Jr. (Norman G. Morse of counsel), for respondent.
p. 658
Concur: Chief Judge Fuld and Judges Burke, Bergan, Breitel, Jasen and Gibson. Judge Scileppi concurs solely upon the ground that the District Attorney concedes that a hearing should be held.