Opinion
Argued June 2, 1970
Decided June 16, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWARD THOMPSON, J.
Robert H. Morse and Milton Adler for appellant.
Thomas J. Mackell, District Attorney ( Thomas A. Duffy, Jr. of counsel), for respondent.
Judgment modified by remitting case to Supreme Court, Queens County, for a hearing on issue of in-court identification of defendant for reasons stated in dissenting opinion at Appellate Division and, as so modified, affirmed.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.