Opinion
October 31, 1963
Appeal from the Erie County Court.
Present — Williams, P.J., Bastow, Goldman, Henry and Noonan, JJ.
Order unanimously reversed and matter remitted to Erie County Court for a hearing: Memorandum: Only after a hearing may it be decided whether the principles enunciated in People v. Nicholson ( 11 N.Y.2d 1067) are here applicable.