Judgment affirmed. (See People ex rel. Hirschberg v. Close, 1 N Y 2d 258; cf. People v. Nicholson, 11 N Y 2d 1067.) However, we call attention to section 190 of the Code of Criminal Procedure which requires the court to examine the case unless defendant waives such examination. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.