Opinion
Submitted December 1, 1966
Decided December 29, 1966
Appeal from the Supreme Court in the Second Judicial Department, JULIUS CHINMAN, J.
John Joseph Sutter for appellant.
William Cahn, District Attorney ( Henry P. DeVine and Jules Orenstein of counsel), for respondent.
Judgment modified to the extent of directing a hearing as to the voluntariness of the defendant's statement introduced as part of the People's case at the trial and, as so modified, affirmed. Case remitted to the District Court, Nassau County, for such hearing. ( People v. Huntley, 15 N.Y.2d 72.) No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.