PEOPLE v. SCHWER

Judgment reversed and information dismissed upon the authority of People v. James ( 4 N.Y.2d 482). No opinion.

Concur: Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Judge DESMOND dissents and votes to affirm upon the ground that this is a further, unnecessary and unwise extension of People v. James ( 4 N.Y.2d 482).