New York Court of Appeals December 3, 1964 (People v. Battle)

Order affirmed.

Concur: judges Dye, Van Voorhis, Burke, Scilekpi and Bergak. Chief Judge Desmohd dissents and votes to reverse and grant a hearing on this corain nobis petition, in the following memorandum: These unusual and undisputed facts make it'at the very least a triable question of fact (to which a negative *671answer seems inevitable) as to whether defendant, youthful, ignorant and