Opinion
Argued October 27, 1966
Decided December 1, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. MARTINIS, J.
Arthur C. Muhlstock and Irving Mendelson for Alvin Nelson, appellant.
Donald Zimmerman and Vernon C. Rossner for Isiah Pitman (Biggins), appellant.
Frank S. Hogan, District Attorney ( Harold Roland Shapiro of counsel), for respondent.
Upon appeal by defendant Nelson: Judgment affirmed.
Upon appeal by defendant Pitman: Judgment modified to the extent of directing a hearing on the issue of voluntariness of a statement introduced as part of the People's case at the trial and, as so modified, affirmed. Case remitted to the Supreme Court, New York County, for such hearing. ( People v. Huntley, 15 N.Y.2d 72.) No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.