PEOPLE v. TORNETTO

Judgment affirmed. (See People ex rel. Hirschberg v. Close, 1 N.Y.2d 258; cf. People v. Nicholson, 11 N.Y.2d 1067.) However, we call attention to section 190 of the Code of Criminal Procedure which requires the court to examine the case unless defendant waives such examination. No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.