Memorandum. There should be an affirmance of the judgment. The quality and quantity of the proof showing that the police officer fired the fatal shot precluded the dismissal of the complaint for failure to prove a prima facie case.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Judgment affirmed, with costs, in a memorandum.