Majority
p. 545The People of the State of New York, Respondent, v. Ronald Fisher, Appellant. Argued May 31, 1973; decided July 2, 1973.
p. 547
G. Whitman Hobbs for appellant.
George j. Aspland, District Attorney (Joseph B. Mulé of counsel), for respondent.
Order affirmed; no opinion.
Concur: Chief Judge Ftjld and Judges Burke, Gabrielli and Jokes. Judges Breitel, Jasek and Wachtler dissent and vote to reverse and order a new trial upon the ground that there was a question of fact as to the accomplice status of the witness Hursell which should have been submitted to the jury.