Opinion
Argued January 19, 1970
Decided February 19, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE F.X. McINERNEY, J.
George J. Aspland, District Attorney ( David F. Jordan of counsel), for appellant.
George R. Hoffman for respondent.
Order reversed, the first count of the indictment reinstated and a new trial ordered upon the ground that the jury was warranted in finding defendant a principal under the most favorable inferences to be drawn from the People's evidence and under the court's charge. No opinion.
Concur: Judges SCILEPPI, BREITEL, JASEN and GIBSON. Chief Judge FULD and Judges BURKE and BERGAN dissent and vote to affirm on the opinion at the Appellate Division.