
    The People of the State of New York, Appellant, v. Arthur Benjamin, Respondent.
    Argued May 13, 1968;
    decided June 5, 1968.
    
      
      Frank S. Hogan, District Attorney (Laurence Leff and H. Richard Uviller of counsel), for appellant.
    
      Hyman Frank for respondent.
   Order reversed and order of Supreme Court, New York County, reinstated on the dissenting opinion at the Appellate Division.

Concur: Judges Sctleppi, Bergan, Keating, Breitel and Jasen. Chief Judge Fulo and Judge Burke dissent and vote to affirm on the majority opinion at the Appellate Division.  