Opinion
Argued January 21, 1963
Decided February 21, 1963
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MARTIN SCHENCK, J.
Harold R. Moore, Jr., for appellant.
John T. Garry, II, District Attorney ( Condon A. Lyons of counsel), for respondent.
Order reversed and proceeding remanded to the County Court for a trial of the issues raised by the petition ( People v. Picciotti, 4 N.Y.2d 340). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.