Opinion
Argued October 30, 1962
Decided December 6, 1962
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, LEO W. BREED, J.
Hayden H. Dadd for appellant.
Joseph A. Ryan, District Attorney ( Michael R. Canestrano of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge FULD dissent and vote to reverse and to order a hearing as to the allegations of the petition which, if proven, would have established that defendant had no meaningful or actual representation by counsel.