| NY | Feb 27, 1964

Order affirmed (People v. Tomaselli, 7 N Y 2d 350; People v. Brown, 7 N Y 2d 359). No opinion.

Concur: Judges Dye, Van Voorhis, Burke and Scileppi. Chief Judge Desmond and Judges Fuld and Bergan dissent and vote to reverse and order a hearing (see People v. Hairston, 10 N Y 2d 92; People v. Adams, 12 N Y 2d 417).

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