227 N.Y.S.2d 682, 182 N.E.2d 289
Court of Appeals of the State of New York.Argued April 2, 1962
Decided April 5, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department,
Page 867
JOHN R. STARKEY, J.
Victor T. Fuzak for appellant.
Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.
Order reversed and case remitted to the County Court of Kings County for a trial of the issues raised by the petition. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.