
    The People of the State of New York, Respondent, v. Kenneth C. Gresham, Appellant.
    Argued April 5, 1971;
    decided April 21, 1971.
    
      
      Harry Krauss for appellant.
    
      Carl A. Vergari, District Attorney (B. Anthony Mor oseo of counsel), for respondent.
   Concur: Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld dissents and votes to reverse the judgment and dismiss the information upon the ground that the fruits of the search were not admissible in evidence since there was no probable cause for defendant’s arrest for loitering (see People v. Bell, 306 N. Y. 110).  