People v. Phillips

Petitioner’s conviction was affirmed by the Court of Appeals (292 N. Y. 506) and his 1959 motion for reargument in that court, which was denied (7 N Y 2d 756), was based on contentions as to deprivation of due process identical with those now urged in this court. In view of the foregoing, petitioner’s application is denied. Concur — Botein, P. J., Breitel, Yalente, McNally and Eager, JJ.