People v. Alling — 69 N.Y.2d 637

Majority

p. 637

The People of the State of New York, Respondent, v Jeffrey Alling, Appellant.

Argued November 17, 1986;

decided December 16, 1986

p. 638

APPEARANCES OF COUNSEL

Fernande Rossetti for appellant.

Sol Greenberg, District Attorney (Paul A. Clyne of counsel), for respondent.

OPINION OF THE COURT

Order reversed and a new trial ordered for the reasons

p. 639

stated in the dissenting memorandum by Justice Howard A. Levine at the Appellate Division ( 118 AD2d 960 , 963-965).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.