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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAWLIN GALLOWAY, Appellant.

Judgment affirmed.

Concur: Judges SCILEPPI, BERGAN, BREITEL and JASEN. Chief Judge FULD concurs in the following opinion in which Judge BURKE concurs. Judge KEATING taking no part.

Chief Judge FULD (concurring).

Although I believe that a reversal is mandated by the principles reflected in Bruton v. United States ( 391 U.S. 123) and Roberts v. Russell ( 392 U.S. 293) and although I adhere to the views expressed in my dissenting opinion in People v. McNeil ( 24 N.Y.2d 550), I am constrained by the majority's decision in that case to cast my vote herein for affirmance.

Judgment affirmed.

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PEOPLE v. GALLOWAY
(May 14, 1969)