People v. Chapman , 39 N.Y.2d 790 ( 1976 )

Order reversed and a new trial ordered on the dissenting memorandum by Presiding Justice Harold A. Stevens at the Appellate Division (48 AD2d 778), noting also our recent decision in People v Alicea (37 NY2d 601).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.