Majority
p. 745The People of the State of New York ex rel. Arthur Massey, Appellant, v. Harold W. Follette, as Warden of Green Haven Prison, Respondent. Submitted September 29, 1972; decided November 2, 1972.
p. 747
Warren S. Agatston for appellant.
Louis J. Lefkowitz, Attorney-General (Iris A. Steel and Samuel A. Eirshowitz of counsel), for respondent.
No opinion.
Concur: Judges Burke, Scileppi, Bergan, Bbeitel and Jasen. Chief Judge Fuld and Judge Gibson, for the reasons stated in the dissenting opinion at the Appellate Division, dissent and vote to reverse and reinstate the matter for a hearing to determine relator’s understanding of the effect of the Code of Criminal Procedure (§ 335-c) warping by the County Court Judge.