People v. Hanley — 27 N.Y.2d 648

Majority

p. 648

The People of the State of New York, Respondent, v. Francis Martin Hanley, Appellant.

Argued June 2, 1970;

decided June 16, 1970.

p. 649

Robert H. Morse and Milton Adler for appellant.

Thomas J. Mackell, District Attorney (Thomas A. Duffy, Jr. of counsel), for respondent.

Judgment modified by remitting case to Supreme Court, Queens County, for a hearing on issue of in-court identification of defendant for reasons stated in dissenting opinion at Appellate Division and, as so modified, affirmed.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.