249 N.Y.S.2d 888, 198 N.E.2d 916
Court of Appeals of the State of New York.Argued March 30, 1964
Decided April 30, 1964
Page 696
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. STARKEY, J.
Lauren D. Rachlin and Herman Schwartz for appellant.
Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges DYE, VAN VOORHIS, BURKE and SCILEPPI. Chief Judge DESMOND and Judges FULD and BERGAN dissent and vote to reverse and to order a hearing.