Majority
p. 669The People of the State of New York, Respondent, v. Elbert Bully, Jr., Appellant. Argued January 13, 1971; decided February 25, 1971.
p. 671
Abraham Werf el and Melvin M. Lebetlcin for appellant.
Thomas J. Machell, District Attorney (Joan B. Carey of counsel), for respondent.
Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.