People v. McIntosh — 10 N.Y.2d 1014

Majority

p. 1014

The People of the State of New York, Respondent, v. Hugh McIntosh, Appellant.

Argued December 5, 1961;

decided January 11, 1962.

p. 1015

Frances Thaddeus Wolff for appellant.

Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.

Order affirmed; no opinion.

Concur: Judges Dye, Froessel, Van Voorhis, Burke and Foster. Chief Judge Desmond and Judge Fuld dissent and vote to reverse and to order a new hearing for the reason that, under the circumstances disclosed by this record, the coram nobis proceeding should have been heard by a different Judge.