
    The People of the State of New York, Appellant, v. Thomas Anthony Maggio, Respondent.
    Argued October 1, 1962;
    decided November 1, 1962.
    
      
      Morton B. Silberman, District Attorney, for appellant.
    
      Anthony F. Avallone for respondent.
   Order reversed upon the dissenting opinion of Beldock, P. J., at the Appellate Division and the judgment of the County Court of Rockland County reinstated. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis and Burke. Judges Fuld, Froessel and Foster dissent and vote to affirm in the following memorandum: We believe that the Appellate Division was correct in reversing defendant’s conviction on the authority of People v. Randall (9 N Y 2d 413). In our view, we may reach a different conclusion only by repudiating our carefully considered decision in that case.  