
    The People of the State of New York, Respondent, v. Wilfredo Melendez, Appellant.
    Argued October 4, 1972;
    decided November 2, 1972.
    
      
      Cameron Clark for appellant.
    
      Frank S. Hogan, District Attorney (Andrew E. Abraham and Michael R. Juviler of counsel), for respondent.
   no opinion.

Concur: Judges Burke, Scileppi, Bergamo Breitel, Jasen and ' Gibson. Chief Judge Fuld dissents and votes to reverse and dismiss the indictment on the ground — as stated by the dissenters at the Appellate Division — that defendant’s guilt was not established beyond a reasonable doubt.  