Opinion
Argued April 16, 1970
Decided May 14, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DOUGLAS F. YOUNG, J.
Elliot D. Samuelson for appellant.
William Cahn, District Attorney ( Henry P. DeVine of counsel), for respondent.
Judgment modified to the extent of reversing the conviction upon the charge of assault and directing a new trial thereof, for the reasons stated in the dissenting opinion at the Appellate Division, and, as so modified, affirmed.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.