Majority
p. 722The People of the State of New York, Respondent, v Leonard Gilliam, Appellant. Argued June 9, 1975; decided June 24, 1975
p. 723
Lawrence H Sharf and William E. Hellerstein for appellant.
Nicholas Ferraro, District Attorney (Thomas A. Duffy, Jr. of counsel), for respondent.
Order reversed and a new trial ordered on the dissenting opinion by Mr. Justice James D. Hopkins at the Appellate Division.
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.