
    The People of the State of New York, Respondent, v. Estanislao Cruz, Appellant.
    Argued March 29, 1962;
    decided April 5, 1962.
    
      
      Ernest Allen Cohen and Anthony F. Marra for appellant.
    
      Frank S. Hogan, District Attorney (Peter J, O’Connor and H. Richard Uviller of counsel), for respondent.
   Concur: Judges Dye, Froessel, Van Voorhis, Burke and Foster. Chief Judge Desmond and Judge Ftjld dissent and vote to reverse and to remit to the Court of General Sessions for a hearing on the allegations in the petition that defendant was informed and believed that he was not entitled to a trial if his codefendants pleaded guilty and that a verdict of guilty at such a trial would necessarily mean a death sentence.  