
    The People of the State of New York, Respondent, v. Hugh McIntosh, Appellant.
    Argued December 5, 1961;
    decided January 11, 1962.
    
      
      Frances Thaddeus Wolff for appellant.
    
      Edward S. Silver, District Attorney (William I. Siegel 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 new hearing for the reason that, under the circumstances disclosed by this record, the coram nobis proceeding should have been heard by a different Judge.  