Opinion
Argued September 29, 1972
Decided November 2, 1972
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HAROLD M. SPITZER, J.
Malachy T. Mahon for appellant.
William Cahn, District Attorney ( Henry P. DeVine of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges SCILEPPI, BERGAN, JASEN and GIBSON. Chief Judge FULD and Judges BURKE and BREITEL concur on constraint of People v. Lopez ( 28 N.Y.2d 23, cert. den. 404 U.S. 840; but see United States ex rel. Lopez v. Zelker, 344 F. Supp. 1050 , affd. 465 F.2d 1405), insofar as the appellant's postindictment statement has been held admissible.