Opinion
Argued February 25, 1970
Decided April 9, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES MARKS, J.
Michael Schwartz and Milton Adler for appellant.
Frank S. Hogan, District Attorney ( Lewis R. Friedman and Michael R. Juviler of counsel), for respondent.
Order affirmed, without prejudice to defendant's instituting a new proceeding, if he be so advised, specifically alleging that his confession was used against him at trial and that the issue of voluntariness was then properly raised, upon which allegations he would be entitled to a hearing under People v. Huntley ( 15 N.Y.2d 72). No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.