Concur: Judges Scileppi, Bergan, Breitel and Jasen. Chief Judge Fuld and Judge Burke concur solely on constraint of the decision in People v. McNeil (24 N Y 2d 550).
Concur: Judges Scileppi, Bergan, Breitel and Jasen. Chief Judge Fuld and Judge Burke concur solely on constraint of the decision in People v. McNeil (24 N Y 2d 550).