Majority
p. 695The People of the State of New York, Respondent, v. Joseph Marchese, Appellant. Argued March 30, 1964; decided April 30, 1964.
p. 696
Lauren D. Rachlin and Herman Schwartz for appellant.
Edward S. Silver, District Attorney (William I. Siegel of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges Dye, Van Voorhis, Burke and Scileppi. Chief Judge Desmond and Judges Fuld and Bergan dissent and vote to reverse and to order a hearing.