Opinion
Argued March 29, 1962
Decided April 5, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS DICKENS, J.
Ernest Allen Cohen and Anthony F. Marra for appellant.
Frank S. Hogan, District Attorney ( Peter J. O'Connor and H. Richard Uviller of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge FULD dissent and vote to reverse and to remit to the Court of General Sessions for a hearing on the allegations in the petition that defendant was informed and believed that he was not entitled to a trial if his codefendants pleaded guilty and that a verdict of guilty at such a trial would necessarily mean a death sentence.