LATHAN v. NEW YORK.
ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEALS OF NEW YORK.
No. 298, Misc.
Decided June 22, 1964.
Certiorari granted; judgment vacated; and case remanded.
Reported below: 12 N. Y. 2d 822, 187 N. E. 2d 359.
Murray A. Gordon for petitioner.
Isidore Dollinger and Bertram R. Gelfand for respondent.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the Court of Appeals of the State of New York is vacated and the case is remanded for further proceedings not inconsistent with the opinion of this Court in Jackson v. Denno, ante, p. 368.
MR. JUSTICE BLACK, MR. JUSTICE CLARK, MR. JUSTICE HARLAN and MR. JUSTICE STEWART dissent for the reasons stated in their dissenting opinions in Jackson v. Denno, supra. [378 U.S. 566, 567]