Order affirmed; no opinion.
Concur: Judges Burke, Scileppi, Bergan, Jasen and Gibson. Chief Judge Fuld and Judge Breitel dissent and vote to reverse and grant a hearing on the authority of People v. O’Bryan (26 N Y 2d 95).
Argued April 23, 1970;
decided May 14, 1970.
*499Julia P. Heit and Milton Adler for appellant.
Burton B. Roberts, District Attorney (Marian Blank Belenky of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges Burke, Scileppi, Bergan, Jasen and Gibson. Chief Judge Fuld and Judge Breitel dissent and vote to reverse and grant a hearing on the authority of People v. O’Bryan (26 N Y 2d 95).
27 N.Y.2d 498
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