PEOPLE v. KLING

Order affirmed ( People v. Tomaselli, 7 N.Y.2d 350; People v. Brown, 7 N.Y.2d 359). No opinion.

Concur: Judges DYE, VAN VOORHIS, BURKE and SCILEPPI. Chief Judge DESMOND and Judges FULD and BERGAN dissent and vote to reverse and order a hearing (see People v. Hairston, 10 N.Y.2d 92; People v. Adams, 12 N.Y.2d 417).