Judgment reversed and the indictment dismissed upon the authority of People v. Meyer (11 N Y 2d 162). The police officer who preferred the vagrancy charge upon which appellant was arraigned acknowledged that it was merely a pretext upon which to hold him for the homicide. No opinion.
Concur: Chief Judge Desmond and Judges Fuld, Van Voorhis, Foster and Scilepfl Judges Dye and Burke dissent and vote to affirm upon the authority of People v. Weinstein (11 N Y 2d 1098).