PEOPLE v. DAUGHERTY

Judgment affirmed; no opinion.

Concur: Judges SCILEPPI, BERGAN, BREITEL and JASEN. Chief Judge FULD and Judge BURKE dissent and vote to reverse and order a new trial on the ground that the statement made by defendant in the absence of counsel should not have been received in evidence ( People v. Arthur, 22 N.Y.2d 325, 329). Taking no part: Judge GIBSON.