Opinion
Argued January 4, 1965
Decided January 14, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALBERT H. BOSCH, J.
Frank D. O'Connor, District Attorney ( Eugene Feldman of counsel), for the People.
David Kashman and Benjamin M. Gottesfeld for defendant.
In the first above-entitled action: Judgment affirmed; no opinion.
In the second above-entitled action: Order affirmed. In affirming, we do not hold that the acceptance of a plea of guilty to a specific indictment automatically and necessarily covers crimes predicated on previous conduct for which defendant has been or may be subsequently indicted. Our determination here is only that, on this record, the trial court properly exercised its discretion in dismissing the indictment. (Code Crim. Pro., § 671.)
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.