Majority
p. 918The People of the State of New York, Respondent, v Benjamin Scheck, Appellant. Argued May 2, 1975; decided June 9, 1975
p. 919
Aaron Nussbaum for appellant.
Nicholas Ferraro, District Attorney (Roberta L. Dunlop of counsel), for respondent.
Memorandum. Although the incident upon which this conviction is based seems bizarre, the matter is now beyond the fact-finding stage and the existence of evidence establishing the elements of the offense compels us to affirm.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order affirmed in a memorandum.