People ex rel. Duncan v. Follette

Rabin, Benjamin and Munder, JJ., concur; Brennan, Acting P. J., and Hopkins, J. dissent and vote to reverse the judgment and remand relator to the County Court, Dutchess County, for rearraignment and repleading, on the basis of their dissent in People ex rel. Gallagher v. Follette (27 A D 2d 664) and People ex rel. Butler v. Fay (27 AD 2d 663).