People v. Johnson — 38 N.Y.2d 956

Majority

p. 956

The People of the State of New York, Respondent, v Arthur Johnson, Appellant.

Submitted February 11, 1976;

decided March 23, 1976

p. 957

Richard Ives Rudell for appellant.

Robert M. Morgenthau, District Attorney (Sharon Lynch Norton and Peter L. Zimroth of counsel), for respondent.

Order affirmed on the opinion by Mr. Justice Myles J. Lane at the Appellate Division ( 46 AD2d 55 ).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.