
    The People of the State of New York, Appellant, v. Chris Peters, Respondent.
    Argued January 18, 1962;
    decided March 29, 1962.
    
      
      Frank S. Hogan, District Attorney (Peter R. Rosenblatt of counsel), for appellant.
    
      Nicholas P. Christy for respondent.
   Concur: Judges Dye, Fuld, Froessel and Van Voorhis. Chief Judge Desmond and Judges Burke and Foster dissent and vote to reverse and to reinstate the information upon the dissenting opinion of Judge Burke in People v. Scopas (11 N Y 2d 120, 123), decided herewith.  