Opinion
Argued January 18, 1966
Decided February 17, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, J. IRWIN SHAPIRO, J.
Frank D. O'Connor, District Attorney, and Nat H. Hentel, successor District Attorney ( Benj. J. Jacobson of counsel), for appellant.
Edward S. Moore, III, and Anthony F. Marra for respondents.
Order reversed ( People v. Trombino, 238 App. Div. 61, affd. 262 N.Y. 689; People v. Mancini, 7 A.D.2d 640, affd. 6 N.Y.2d 853), and case remitted to the Appellate Division for determination of questions of fact in accordance with section 543-b of the Code of Criminal Procedure ( People v. Rossi, 11 N.Y.2d 379).
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.