Opinion
Argued March 5, 1969
Decided April 10, 1969
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JACOB A. LATONA, J.
Bruce K. Carpenter for appellant.
Michael F. Dillon, District Attorney ( Herbert J. Herman of counsel), for respondent.
Order reversed and the case remitted to Erie County Court for a hearing (see People v. Ramsey, 23 N.Y.2d 656; People v. Callaway, 24 N.Y.2d 127; People v. Montgomery, 24 N.Y.2d 130).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.