¶1Judgment reversed and information dismissed upon the authority of People v. James (4 N Y 2d 482). No opinion.
¶2Concur: 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).