People v. Carlos — 26 N.Y.2d 797

Majority

p. 797

The People of the State of New York, Respondent, v. Thomas Carrion Carlos, Appellant.

Argued January 19, 1970;

decided February 19, 1970.

p. 798

Elliott L. Biskind for appellant.

Frank S. Hogan, District Attorney (Sybil H. Landau and Michael R. Juviler 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 ).