Majority
p. 691The People of the State of New York ex rel. Charles Middleton, Respondent, v. John L. Zelker, as Superintendent of Green Haven Correctional Facility, Appellant. Argued January 10, 1975; decided February 18, 1975.
p. 692
Louis J. Lefkowitz, Attorney-General (David H. Berman and Samuel A. Hirshowitz of counsel), for appellant.
Lewis H. Silverman and Bernard R. Bacharach for respondent.
Concur: Judges Jones, Wachtler, Fuchsberg and Cooke. Chief Judge Breitel and Judges Jasen and Gabrielli dissent and vote to reverse on the dissenting memorandum at the Appellate Division.