p. 855The People of the State of New York, Respondent, v. James Bluitt, Appellant. Argued May 1, 1972; decided June 7, 1972.
p. 857
Joel Berger and Robert Kasanof for appellant.
Frank S. Kogan, District Attorney (Jonathan Lovett and Michael R. Juviler of counsel), for respondent.
no opinion.
Concur: Judges Burke, Scileppi, Breitel, Jasen and Gibson.
Chief Judge Fuld and Judge Bergan dissent and vote to reverse upon the ground that defendant’s guilt of violating section 190.25 of the Penal Law was not proven beyond a reasonable doubt.