Opinion
Argued October 5, 1964
Decided October 15, 1964
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JACOB A. LATONA, J.
Betty D. Friedlander for appellant.
Michael F. Dillon, District Attorney ( Theodore S. Kasler of counsel), for respondent.
Judgment reversed and indictment dismissed. ( People v. O'Neill, 11 N.Y.2d 148; People v. Friola, 11 N.Y.2d 157; People v. Yarmosh, 11 N.Y.2d 397; People v. Wade, 12 N.Y.2d 61. ) No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.