Opinion
October 24, 1949.
Judgment of the County Court, Nassau County, convicting appellant of robbery in the first degree, burglary in the second degree, and assault in the second degree (two counts), and imposing sentence thereon, reversed on the law and the facts, the indictment dismissed, and bail exonerated. Appeal from the order denying the motion for a new trial dismissed. If it be assumed that the evidence of identification was sufficient to permit a finding that the appellant was present near the scene of the crimes, such finding is insufficient to allow a conclusion of aiding, abetting or participating in the crimes. The other evidence to support such a conclusion is insufficient. Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.