Motion for reargument denied. All concur, except CONWAY, J., not sitting, and FULD, J., who dissents in the following memorandum: Under the circumstances of this case, the trial court should have held a hearing, when defendant moved for a new trial upon the ground of newly discovered evidence (Code Crim. Pro., § 465, subd. 7), to determine whether the state-employed psychiatrist would have testified — as defense counsel asserted in his affidavit in support of...
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