People v. Polite (16 N.Y.2d 1060, 1965)

Judgment reversed and indictment dismissed (People v. English, 16 N Y 2d 719; People v. Lo Verde, 7 N Y 2d 114). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voobhis, Burke and Bergan. Judge Scileppi votes to reverse and to order a new trial.