
    The People of the State of New York ex rel. George Weiss, Respondent, v. Albert Nenna, as Warden of the Manhattan House of Detention for Men, Appellant.
    Argued February 28, 1962; reargued May 27, 1968;
    decided May 29, 1968.
    
      Frank S. Hogan, District Attorney (John A. K. Bradley and H. Richard Uviller of counsel), for appellant.
    
      
      Joel H. Weinberg and Arnold E. Wallach for respondent.
   Upon reargument: Order affirmed on the majority opinion at the Appellate Division.

Concur: Chief Judge Fuld and Judges Burke, Bergan and Bastow . Judges Scileppi, Keating and Jasen dissent and vote to reverse on the dissenting opinion at the Appellate Division. 
      
       Designated pursuant to section 2 of article VI of the State Constitution in place of Breitel, J., disqualified.
     