Opinion
Argued February 26, 1963
Decided March 28, 1963
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDWARD T. McCAFFREY, J.
Jack L. Kellogg and Anthony F. Marra for appellant.
Isidore Dollinger, District Attorney ( Bertram R. Gelfand and Walter E. Dillon of counsel), for respondent.
Order reversed and matter remitted to the Supreme Court, Bronx County, for a hearing upon the authority of People v. Sprague ( 11 N.Y.2d 951). No opinion.
Remission of the case was made to the Supreme Court, Bronx County, in view of the fact that the Bronx County Court was abolished September 1, 1962 (N.Y. Const., art. VI, § 35, subd. a). — [REP.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER.
I concur on authority of People v. Boundy ( 10 N.Y.2d 518) and People v. Sprague ( 11 N.Y.2d 951). If the question were here as an original one, I would dissent for the reasons stated in the dissenting opinion of Judge FROESSEL in People v. Sprague ( supra).