Majority
p. 848The People of the State of New York, Respondent, v. Charles Pete Alston, Appellant.
No opinion. Christ, P. J., Rabin, Munder and Latham, JJ., concur; Hopkins J., dissents and votes to reverse the order and to remit the proceeding to the Criminal Term for a hearing, with the following memorandum: In my opinion, under the circumstances of this record, defendant is entitled to a hearing.