Opinion
March 14, 1963
Present — Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.
Order of January 30, 1962 resettled to provide: Ordered that the judgment of conviction be and hereby is reversed and a new trial granted for the reasons and purpose stated in People v. Loria ( 10 N.Y.2d 368) and upon its authority. We do not consider the other contentions advanced by appellant herein to warrant a reversal. Except for the asserted question of law the court would have affirmed on the facts.