People v. Battice

5 N.Y.2d 946 | NY | 1959

Order 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).