Opinion
Argued December 4, 1961
Decided January 11, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD T. McCAFFREY, J.
Isidore Dollinger, District Attorney ( Irving Anolik of counsel), for appellant.
Michael I. Winter and William Richter for respondent.
Order affirmed upon the single ground that under the circumstances the trial court committed reversible error in denying defendant's motion for further cross-examination of prosecution witnesses. As to the other ground stated by the Appellate Division for reversal, we disagree and hold that the testimony of witness Van den Heuvel was admissible ( People v. Marrin, 205 N.Y. 275; People v. Dales, 309 N.Y. 97). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.