PEOPLE v. RUSSELL

Order reversed and case remitted to the Supreme Court, New York County, for a hearing upon the ground that the record indicates sufficient earnest of good faith to justify the granting of a hearing (cf. People v. Scott, 10 N.Y.2d 380).

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