Majority
p. 754The People of the State of New York, Respondent, v. Wilfredo Melendez, Appellant. Argued October 4, 1972; decided November 2, 1972.
p. 756
Cameron Clark for appellant.
Frank S. Hogan, District Attorney (Andrew E. Abraham and Michael R. Juviler of counsel), for respondent.
no opinion.
Concur: Judges Burke, Scileppi, Bergamo Breitel, Jasen and ' Gibson. Chief Judge Fuld dissents and votes to reverse and dismiss the indictment on the ground — as stated by the dissenters at the Appellate Division — that defendant’s guilt was not established beyond a reasonable doubt.