Opinion
Argued April 18, 1961
Decided May 18, 1961
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ROLLIN S. FANCHER, J.
John M. Tubridy for appellants.
Carman F. Ball, District Attorney ( Leonard F. Walentynowicz of counsel), for respondent.
Judgment, insofar as appealed from by defendant Wilson, modified by (1) reversing the conviction under the third count of the indictment, and (2) by dismissing that count, and, as so modified, affirmed upon the ground that the charge contained in this count was not proved beyond a reasonable doubt. Judgment, insofar as appealed from by defendant Gossling, affirmed. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.