People v. Holmes (23 A.D.2d 898, 1965)

Memorandum by the Court. Determination of appeal withheld and ease remitted to the Fulton County Court, for further proceedings consistent with the decision of the Court of Appeals in People v. PLwntley (15 N Y 2d 72). Gibson, P. J., Reynolds, Taylor and Hamm, JJ., concur.