People v. McKnight — 52 N.Y.2d 760

Majority

p. 760

The People of the State of New York, Respondent, v Edward McKnight, Appellant.

Argued November 10, 1980;

decided December 18, 1980

p. 762

APPEARANCES OF COUNSEL

Joseph B. Mistrett and Rose H. Sconiers for appellant.

Edward C. Cosgrove, District Attorney (John J. De Franks of counsel), for respondent.

OPINION OF THE COURT

Order reversed and a new trial ordered for reasons stated in the dissenting memorandum at the Appellate Division ( 71 AD2d 801 , 802-804).

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