People v. Tornetto — 16 N.Y.2d 902

Majority

p. 902

The People of the State of New York, Respondent, v. Carlo Tornetto, Appellant.

Argued September 30, 1965;

decided October 21, 1965.

p. 903

Gretchen White Oberman and Anthony F. Marra for appellant.

Aaron E. Koota, District Attorney (William I. Siegel of counsel), for respondent.

Judgment affirmed. (See People ex rel. Hirschberg v. Close, 1 N Y 2d 258 ; cf. People v. Nicholson, 11 N Y 2d 1067 .) However, we call attention to section 190 of the Code of Criminal Procedure which requires the court to examine the case unless defendant waives such examination. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.