Opinion
Argued October 17, 1961
Decided November 16, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. SCHWARTZ, J.
Victor M. Earle, III, and Robert A. MacKennan for appellant.
Raymond C. Baratta, District Attorney ( Eugene F. Frink of counsel), for respondent.
Judgment reversed and new trial ordered ( People v. Spitaleri, 9 N.Y.2d 168); no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.