Opinion
Argued May 22, 1967
Decided June 1, 1967
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. SCHWARTZ, J.
Allen C. Cohen for appellant.
John R. Heilman, Jr., District Attorney ( Albert M. Rosenblatt and Francois R. Cross of counsel), for respondent.
Judgment reversed and indictment dismissed on the ground that the evidence was not sufficient to establish the finding of guilt beyond a reasonable doubt.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.