Determination of the appeal withheld and the case as to defendant Louis remitted to the Supreme Court, Bronx County, for further proceedings consistent with People v. Huntley (15 N Y 2d 72),decided herewith. [See 1 N Y 2d 137, mot. for rearg. granted 14 N Y 2d 979.]

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke and Bergan. Judge Van Voorhis dissents upon his dissenting opinion in People v. Huntley (15 N Y 2d 72, 78), decided herewith, in which Judge Scileppi concurs.