Opinion
Argued February 24, 1964
Decided March 26, 1964
Appeal from the Supreme Court in the Second Judicial Department, AARON F. GOLDSTEIN, P.J., RAYMOND A. TIERNEY and MILTON SHALLECK, JJ.
Reuben E. Gross for appellant.
Edward S. Silver, District Attorney ( Harry Brodbar, Raymond J. Scanlan and David Diamond of counsel), for respondent.
Judgment affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judge FULD dissents and votes to reverse the conviction and to dismiss the information.