People v. Fisher , 33 N.Y.2d 545 ( 1973 )

Order affirmed; no opinion.

Concur: Chief Judge Ftjld and Judges Burke, Gabrielli and Jokes. Judges Breitel, Jasek and Wachtler dissent and vote to reverse and order a new trial upon the ground that there was a question of fact as to the accomplice status of the witness Hursell which should have been submitted to the jury.