PEOPLE v. MILLER, 17 N.Y.2d 559 (1966)

268 N.Y.S.2d 324, 215 N.E.2d 507

Court of Appeals of the State of New York.Argued January 18, 1966
Decided February 17, 1966

Page 560

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, J. IRWIN SHAPIRO, J.

Frank D. O’Connor, District Attorney, and Nat H. Hentel,
successor District Attorney (Benj. J. Jacobson of counsel), for appellant.

Edward S. Moore, III, and Anthony F. Marra for respondents.

Page 561

Order reversed (People v. Trombino, 238 App. Div. 61, affd. 262 N.Y. 689; People v. Mancini, 7 A.D.2d 640, affd. 6 N.Y.2d 853), and case remitted to the Appellate Division for determination of questions of fact in accordance with section 543-b of the Code of Criminal Procedure (People v. Rossi, 11 N.Y.2d 379).

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.