
    The People of the State of New York, Respondent, v. Thomas Kling, Appellant.
    Argued February 20, 1964;
    decided February 27, 1964.
    
      
      John Dwight Evans, Jr., and Anthony F. Marra for appellant.
    
      Frank D. O’Connor, District Attorney (Harvey B. Ehrlich of counsel), for respondent.
   Order affirmed (People v. Tomaselli, 7 N Y 2d 350; People v. Brown, 7 N Y 2d 359). No opinion.

Concur: Judges Dye, Van Voorhis, Burke and Scileppi. Chief Judge Desmond and Judges Fuld and Bergan dissent and vote to reverse and order a hearing (see People v. Hairston, 10 N Y 2d 92; People v. Adams, 12 N Y 2d 417).  