Majority
p. 863The People of the State of New York, Respondent, v. Riley Rainey, Appellant. Argued April 21, 1971; decided May 12, 1971.
p. 864
Suscm E. Crandall, James J. McDonough and Matthew Murasfcm for appellant.
William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.
Concur: Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld concurs in the following memorandum: Although I still subscribe to the views expressed in my dissent in People v. Ganci ( 27 N Y 2d 418 , 430), I am constrained by that decision to vote for affirmance.
Cases cited
- People v. Ganci 27 N Y 2d 418 at 430 p. 864