¶1 Order reversed and matter remitted to the Supreme Court, Bronx County, for a hearing upon the authority of People v. Sprague (11 N Y 2d 951). No opinion.
¶2 Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Foster. Judge Scileppi concurs in result in the following memorandum: I concur on authority of People v. Boundy (10 N Y 2d 518) and People v. Sprague (11 N Y 2d 951). If the question were here as an original one, I would dissent for the reasons stated in the dissenting opinion of Judge Froessel in People v. Sprague (supra).