Opinion
Argued January 7, 1959
Decided February 26, 1959
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD T. McCAFFREY, J.
Anne Thacher Clarke and Florence M. Kelley for appellant.
Daniel V. Sullivan, District Attorney ( Walter E. Dillon of counsel), for respondent.
Order affirmed; no opinion.
Concur: Chief Judge CONWAY and Judges DYE, FROESSEL, VAN VOORHIS and BURKE. Judges DESMOND and FULD dissent and vote to reverse and to order a trial of defendant's sworn allegations of coercion, misrepresentation and suppression of facts (see People v. Picciotti, 4 N.Y.2d 340, and cases cited therein).