Opinion
Argued June 2, 1964
Decided June 10, 1964
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LOUIS M. GREENBLOTT, J.
Stephen Smyk, District Attorney ( Herbert A. Kline of counsel), for appellant.
Richard A. Battaglini for respondent.
Order reversed and judgment of the Broome County Court reinstated. The sentencing Judge was not disqualified (see People ex rel. Stickle v. Fay, 14 N.Y.2d 683).
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI. Taking no part: Judge BERGAN.