
    The People of the State of New York, Respondent, v. Louis Battice, Appellant.
    Argued January 7, 1959;
    decided February 26, 1959.
    
      
      Anne Thacher Clarke and Florence M. Kelley for appellant.
    
      Daniel V. Sullivan, District Attorney (Walter E. Dillon of counsel), for respondent.
   Order affirmed; no opinion.

Concur: Chief Judge Conway and Judges Dye, Froessel, Van Voorhis and Burke. Judges Desmond and Fuld dissent and vote to reverse and to order a trial of defendant’s sworn allegations of coercion, misrepresentation and suppression of facts (see People v. Picciotti, 4 N Y 2d 340, and cases cited therein).  