
    The People of the State of New York, Respondent, v Maurice Lockwood, Appellant.
    Argued March 27,1978;
    decided April 27,1978
    
      APPEARANCES OF COUNSEL
    
      Norman A. Olch for appellant.
    
      Mario Merola, District Attorney (Richard M. Joel and Alan D. Marrus of counsel), for respondent.
   OPINION OF THE COURT

Order reversed, judgment of conviction vacated, and a new trial ordered on the dissenting opinion of Mr. Justice Louis J. Capozzoli at the Appellate Division (55 AD2d, at pp 20-25). See, also, People v Buxton (44 NY2d 33) involving a situation close to that in this case except that the circumstances here, as detailed in the dissenting opinion at the Appellate Division, are even stronger in dictating reversal.

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