PEOPLE v. MAGGIO

Order reversed upon the dissenting opinion of BELDOCK, P.J., at the Appellate Division and the judgment of the County Court of Rockland County reinstated. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS and BURKE.

Judges FULD, FROESSEL and FOSTER dissent and vote to affirm in the following memorandum:

We believe that the Appellate Division was correct in reversing defendant's conviction on the authority of People v. Randall ( 9 N.Y.2d 413). In our view, we may reach a different conclusion only by repudiating our carefully considered decision in that case.