Opinion
Argued November 17, 1964
Decided December 3, 1964
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE POSTEL, J.
Eve M. Preminger for appellant.
Frank S. Hogan, District Attorney ( Robert B. Sperling and H. Richard Uviller of counsel), for respondent.
Order reversed and case remitted to the Supreme Court, New York County, for a hearing upon the ground that the record indicates sufficient earnest of good faith to justify the granting of a hearing (cf. People v. Scott, 10 N.Y.2d 380).
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.