Majority
p. 790The People of the State of New York, Appellant, v. Jack Hingerton, Also Known as Jack Molino, Respondent. Argued January 19, 1970; decided February 19, 1970.
p. 791
George J. Aspland, District Attorney (David F. Jordan of counsel), for appellant.
George R. Hoffman for respondent.
p. 792
Concur: Judges Scileppi, Breitel, Jasen and Gibson. Chief Judge Fuld and Judges Burke and Bergan dissent and vote to affirm on the opinion at the Appellate Di vision.