People v. Battice
5 N.Y.2d 946
NY1959Check TreatmentOrder affirmed; no opinion.
Concur: Chief Judge Conway and Judges Dye, Froessel, Van Voorhis and Burke. Judges Desmond and Fuld dissent and vote to reverse and to order a trial of defendant’s sworn allegations of coercion, misrepresentation and suppression of facts (see People v. Picciotti, 4 N Y 2d 340, and cases cited therein).