¶1I dissent and would affirm on the opinion of the Trial Judge, Allen Murray Myers (People v Johnson, 90 Misc 2d 777).
¶2Birns and Fein, JJ., concur with.Sandler, J.; Kupferman, J. P. and Lupiano, J., dissent in an opinion by Kupferman, J. P.
¶3Judgment,. Supreme Court, New York County, rendered on January 20, 1977, reversed, on the law, and the case remanded for a new trial.