Concur: Judges Scileppi, Bergan, Jasen and Gibson. Chief Judge Fuld and Judges Burke and Breitel dissent and vote to reverse (see People v. Montgomery, 24 N Y 2d 130; People v. O ’Bryan, 26 N Y 2d 95).
Concur: Judges Scileppi, Bergan, Jasen and Gibson. Chief Judge Fuld and Judges Burke and Breitel dissent and vote to reverse (see People v. Montgomery, 24 N Y 2d 130; People v. O ’Bryan, 26 N Y 2d 95).