PEOPLE EX REL. NEUFELD v. McMICKENS

Order reversed, without costs, and the judgment of Supreme Court, Queens County, reinstated for the reasons stated in the dissenting opinion by the late Justice David T. Gibbons at the Appellate Division ( 117 A.D.2d 243, 247-252).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.