Opinion
Argued March 3, 1971
Decided April 8, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HARRY GITTLESON, J., DOMINIC S. RINALDI, J.
Lewis B. Oliver, Jr. and Milton Adler for appellant.
Eugene Gold, District Attorney ( Stanley M. Meyer of counsel), for respondent.
Judgment and order affirmed; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON. Judge BREITEL dissents and votes to reverse and grant a new trial on the grounds that the cross-examination of the witness Adderly was improperly curtailed, and that it was an abuse of discretion to deny the defendant adjournments in order to obtain mental hospital records concerning the witness Adderly and to refuse to permit the calling of Ulysses Bryant as a witness, all of which rendered the trial unfair.