Opinion
Submitted January 7, 1977
Decided February 15, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOSEPH A. MOGAVERO, J.
John H. Owen, Public Defender, for appellant.
George S. Kepner, Jr., District Attorney, for respondent.
Order reversed and a new trial ordered on the dissenting memorandum by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division ( 49 A.D.2d 656, 657).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.