Opinion
October 24, 1949.
Judgment of the County Court, Nassau County, convicting appellant, as a prior felony offender, 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 defendant discharged. Appeal from the order denying the motion for a new trial dismissed. There was insufficient evidence of identification of appellant to permit a finding that he was present near the scene of the crimes, and there is no other evidence of aiding, abetting, or participating therein. Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.