Opinion
Argued December 4, 1967
Decided December 29, 1967
Appeal from the Supreme Court in the First Judicial Department, WILLIAM E. RINGEL, P.J., WALTER J. BAYER and MICHAEL GAGLIANO, JJ., SIMON SILVER, P.J., MORTON R. TOLLERIS and JAMES J. COMERFORD, JJ.
Malvine Nathanson and Anthony F. Marra for appellant.
Frank S. Hogan, District Attorney ( Sybil H. Landau and H. Richard Uviller of counsel), for respondent.
Judgment affirmed on the ground that, at the hearing upon the motion to suppress, defendant expressly waived his right to obtain the name of his informer and that he was not entitled to have him as a witness upon his trial.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.