
    The People of the State of New York, Respondent, v. Pasquale Caprio, Appellant.
    Argued June 2, 1966;
    decided July 7, 1966.
    
      
      James F. Niehoff for appellant.
    
      
      William Calm, District Attorney (Henry P. De Vine of counsel), for respondent.
   Judgment affirmed; no opinion.

Concur: Chief Judge Desmond and Judges Van Vooehis, Bukke, Scileppi and Keating. Judges Fuld and Bbegan dissent and vote to reverse and to dismiss the indictment upon the ground that defendant’s guilt was not established beyond a reasonable doubt.  