Majority
p. 995The People of the State of New York, Appellant, v. Thomas Bronk, Respondent. Argued January 12, 1973; decided February 8, 1973.
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Frank S. Hogan, District Attorney (Herman Kaufman and Michael R. Juviler of counsel), for appellant.
Carol Berkman, William E. Hellerstein and Robert Kasanof for respondent.
Concur: Chief Judge Fuld and Judges Jasen, Jones and Wachtler. Judges Burke and G-abrielli dissent and vote to
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reverse on the dissenting opinion at the Appellate Term. Taking mo part: Judge Breitel.