Majority
p. 864The People of the State of New York, Respondent, v. Ross Durso, Appellant. Argued April 19, 1971; decided May 12, 1971.
p. 866
William A. Nelson and Milton Adler for appellant.
Burton B. Roberts, District Attorney (Michael F. Toudovm of counsel), for respondent.
Concur: Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld dissents and votes to reverse on the dissenting opinion at the Appellate Term.