
    The People of the State of New York, Respondent, v. Frank J. Daugherty, Appellant.
    Argued December 10, 1969;
    decided January 8, 1970.
    
      
      Louis J. Gas ella, Public Defender (JohnE. Murray of counsel), for appellant.
    
      Stephen Smyh, District Attorney (Stephen E. Powers of counsel), for respondent.
   Concur: Judges Scileppi, Bergan, Breitel and Jasen. • Chief Judge Fuld and Judge Burke dissent and vote to reverse and order a new trial on the ground that the statement made by defendant in the absence of counsel should not have been received in evidence (People v. Arthur, 22 N Y 2d 325, 329). Taking no part: Judge Gibson.  