Opinion
Argued May 6, 1963
Decided May 29, 1963
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. STARKEY, J.
Edward Q. Carr, Jr., and Anthony F. Marra for appellant.
Edward S. Silver, District Attorney ( William I. Siegel of counsel), for respondent.
Judgment reversed and the indictment dismissed upon the authority of People v. Meyer ( 11 N.Y.2d 162). The police officer who preferred the vagrancy charge upon which appellant was arraigned acknowledged that it was merely a pretext upon which to hold him for the homicide. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, FOSTER and SCILEPPI. Judges DYE and BURKE dissent and vote to affirm upon the authority of People v. Weinstein ( 11 N.Y.2d 1098).