
    The People of the State of New York, Respondent, v. Winston Allen Singleton, Appellant.
    Argued April 16, 1970;
    decided May 14, 1970.
    
      
      Elliot D. Samuelson for appellant.
    
      William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.
   Judgment modified to the extent of reversing the conviction upon the charge of assault and directing a new trial thereof, for the reasons stated in the dissenting opinion at the Appellate Division, and, as so modified, affirmed.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.  