Opinion
Argued March 28, 1962
Decided April 5, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE POSTEL, J.
Nathan A. Bork for appellant.
Frank S. Hogan, District Attorney ( Arthur C. Muhlstock and H. Richard Uviller of counsel), for respondent.
Order reversed and matter remitted to the Court of General Sessions for a hearing ( People v. Guariglia, 303 N.Y. 338; People v. Lain, 309 N.Y. 291). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD and FOSTER. Judges FROESSEL, VAN VOORHIS and BURKE dissent and vote to affirm.