People v. McLaurin

OPINION OF THE COURT

Order reversed on the dissenting opinion by Mr. Justice Emilio Nunez at the Appellate Division (56 AD2d, at pp 84-85; see, also, People v Kinlock, 43 NY2d 832) and the case remitted to the Appellate Division, First Department, for review of the facts.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Cooke. Judge Fuchsberg dissents and votes to affirm in the following opinion.