Opinion
March 29, 1960
Judgment of conviction unanimously reversed, on the law and on the facts, and a new trial granted, in the exercise of discretion, on the ground that the testimony elicited was not sufficiently determinative and that in the interests of justice a new trial should be had.
Concur — Breitel, J.P., Rabin, M.M. Frank, Valente and McNally, JJ.