Majority
p. 789The People of the State of New York, Respondent, v. Antonio Fuentes, Appellant. Argued January 21, 1970; decided February 19, 1970.
p. 790
Max Fruchtman and Arnold E. Wallach for appellant.
Burton B. Roberts, District Attorney (Alan D. Singer of counsel), for respondent.
Concur: Judges Scileppi, Bergan, Jasen and Gibson. Chief Judge Fuld and Judges Burke and Breitel dissent and vote to reverse (see People v. Montgomery, 24 N Y 2d 130 ; People v. O ’Bryan, 26 N Y 2d 95 ).
Cases cited
- People v. Montgomery 24 N Y 2d 130 p. 790
- People v. O'Bryan 26 N Y 2d 95 p. 790