Opinion
Argued May 4, 1966
Decided June 9, 1966
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ORMAND N. GALE, J.
Barbara B. Gregg for appellant.
Francis R. Moran, District Attorney ( Lucien Ali of counsel), for respondent.
Order affirmed upon the ground that no sufficient showing was made to support the bare allegation of defendant's counsel concerning defendant's mental state. We pass on no other question. (Cf. People v. Smyth, 3 N.Y.2d 184; People v. Dowdle, 16 N.Y.2d 1037.) No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.