Opinion
Argued February 20, 1964
Decided February 27, 1964
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PETER T. FARRELL, J.
John Dwight Evans, Jr., and Anthony F. Marra for appellant.
Frank D. O'Connor, District Attorney ( Harvey B. Ehrlich of counsel), for respondent.
Order affirmed ( People v. Tomaselli, 7 N.Y.2d 350; People v. Brown, 7 N.Y.2d 359). No opinion.
Concur: Judges DYE, VAN VOORHIS, BURKE and SCILEPPI. Chief Judge DESMOND and Judges FULD and BERGAN dissent and vote to reverse and order a hearing (see People v. Hairston, 10 N.Y.2d 92; People v. Adams, 12 N.Y.2d 417).