Judgment reversed and the indictment dismissed upon the authority of People v. Meyer ( 11 N.Y.2d 162). The police officer who preferred the vagrancy charge upon which appellant was arraigned acknowledged that it was merely a pretext upon which to hold him for the homicide. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, FOSTER and SCILEPPI. Judges DYE and BURKE dissent and vote to affirm upon the authority of People v. Weinstein ( 11 N.Y.2d 1098).