
    The People of the State of New York, Respondent, v. James McCants, Appellant.
    Argued October 30, 1962;
    decided December 6, 1962.
    
      
      Hayden H. Dadd for appellant.
    
      Joseph A. Ryan, District Attorney (Michael R. Canestrano of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Judges Dye, Froessel, Van Voorhis, Burke and Foster. Chief Judge Desmond and Judge Fuld dissent and vote to reverse and to order a hearing as to the allegations of the petition which, if proven, would have established that defendant had no meaningful or actual representation by counsel.  