Opinion
Argued December 1, 1964
Decided January 7, 1965
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILFRED A. WALTEMADE, J.
Edward A. Manuel and Stephen Mann for appellant.
Isidore Dollinger, District Attorney ( Irving Anolik and Walter E. Dillon of counsel), for respondent.
Order reversed and case remitted to Supreme Court, Bronx County, for a hearing on the allegations of the petition that defendant, when he entered his guilty plea to the crime of murder in the second degree, did so under the coercion of certain conduct and statements of the District Attorney and of the Trial Judge (see People v. Picciotti, 4 N.Y.2d 340; People v. Lake, 14 N.Y.2d 790; People v. Glasper, 14 N.Y.2d 893).
Concur: Chief Judge DESMOND and Judges FULD, BURKE and BERGAN. Judges DYE, VAN VOORHIS and SCILEPPI dissent and vote to affirm.