Majority
p. 1024The People of the State of New York, Respondent, v. George E. Jones, Appellant. Argued February 26, 1963; decided March 28, 1963.
p. 1025
Jack L. Kellogg and Anthony F. Marra for appellant.
Isidore Bollinger, District Attorney (Bertram R. Gelfand and Walter E. Dillon of counsel), for respondent.
Order reversed and matter remitted to the Supreme Court, Bronx County, for a hearing upon the authority of People v. Sprague ( 11 N Y 2d 951 ). No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Foster. Judge Scileppi concurs in result in the following memorandum: I concur on authority of People v. Boundy ( 10 N Y 2d 518 ) and People v. Sprague ( 11 N Y 2d 951 ). If the question were here as an original one, I would dissent for the reasons stated in the dissenting opinion of Judge Froessel in People v. Sprague (supra).
Cases cited
- People v. Sprague 11 N Y 2d 951 p. 1025
- People v. Boundy 10 N Y 2d 518 p. 1025