
    The People of the State of New York, Appellant, v. Howard L. Solomon, Respondent.
    Argued December 3, 1969;
    decided January 7, 1970.
    
      
      Frank S. Hogan, District Attorney (Harold Roland Shapiro of counsel), for appellant.
    
      William E. Heller stein and Milton Adler for respondent.
   Concur: Chief Judge Fxjld and Judges Bergan, Breitel and Gibson. Judge Burke concurs on the grounds expressed in the dissenting opinion by Judge Creel at the Criminal Court of the City of New York and Judge Jasen concurs solely on constraint of Memoirs v. Massachusetts (383 U. S. 413, 419). Judge Scileppi dissents and votes to reverse on the prevailing opinion at the Criminal Court of the City of New York.  