Opinion
Argued October 7, 1968
Decided November 20, 1968
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CHARLES J. GAUGHAN, J.
Lauren D. Rachlin for appellant.
Michael F. Dillon, District Attorney ( Thomas P. Flaherty of counsel), for respondent.
Order affirmed. (See People v. Leonti, 18 N.Y.2d 384.) No opinion.
Concur: Judges SCILEPPI, BERGAN, KEATING, BREITEL and JASEN. Chief Judge FULD and Judge BURKE dissent and vote to reverse on the ground that the confession received in evidence was involuntary as a matter of law. (See Greenwald v. Wisconsin, 390 U.S. 519; Clewis v. Texas, 386 U.S. 707.)