Argued February 27, 1958
Decided May 16, 1958
Appeal from the Appellate Division of the Supreme Court in the first judicial department, MITCHELL D. SCHWEITZER, J.
William B. Moore for appellant.
Frank S. Hogan, District Attorney ( William Rand, Jr., and Richard G. Denzer of counsel), for respondent.
Order reversed and matter remitted to the Court of General Sessions for a hearing upon the ground that questions of fact are presented. No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.