
    The People of the State of New York, Appellant, v. Sam Small, Respondent.
    Argued May 29, 1968;
    decided June 14, 1968.
    
      
      Neil G. Epstein and Anthony F. Marra for appellant.
    
      Aaron E. Koota, District Attorney (Harold M. Brown of counsel), for respondent.
   Order reversed and a new trial ordered on the dissenting opinion at the Appellate Division.

Concur: Chief Judge Fuld and Judges Burke, Scilefpi. Bergan, Keating, Breitel and Jasen.  