PEOPLE v. LOCKWOOD

Order reversed, judgment of conviction vacated, and a new trial ordered on the dissenting opinion of Mr. Justice LOUIS J. CAPOZZOLI at the Appellate Division (55 A.D.2d, at pp 20-25). See, also, People v Buxton ( 44 N.Y.2d 33) involving a situation close to that in this case except that the circumstances here, as detailed in the dissenting opinion at the Appellate Division, are even stronger in dictating reversal.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.