Opinion
Argued April 19, 1965
Decided May 20, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DAVID L. MALBIN, J.
Michael A. Bamberger and Anthony F. Marra for appellant.
Aaron E. Koota, District Attorney ( Harold M. Brown of counsel), for respondent.
Judgment modified to the extent of directing a hearing on the issue of the voluntariness of the confession introduced as a part of the People's case at the trial and, as so modified, affirmed. Case remitted to the Supreme Court, Kings County, for such hearing ( People v. Huntley, 15 N.Y.2d 72). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.