Opinion
Argued March 8, 1965
Decided April 15, 1965
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MITCHELL D. SCHWEITZER, J.
Walter Barthold and Anthony F. Marra for appellant.
Frank S. Hogan, District Attorney ( Malvina H. Guggenheim and H. Richard Uviller of counsel), for respondent.
Judgment modified to the extent of directing a hearing on the issue of voluntariness of the confession introduced as part of the People's case at the trial and, as so modified, affirmed. Case remitted to Supreme Court for New York County for such hearing. ( People v. Huntley, 15 N.Y.2d 72.)
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.