
    The People of the State of New York, Respondent, v Leonard Gilliam, Appellant.
    Argued June 9, 1975;
    decided June 24, 1975
    
      
      Lawrence H Sharf and William E. Hellerstein for appellant.
    
      Nicholas Ferraro, District Attorney (Thomas A. Duffy, Jr. of counsel), for respondent.
   Order reversed and a new trial ordered on the dissenting opinion by Mr. Justice James D. Hopkins at the Appellate Division.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  