Opinion
Argued November 28, 1967
Decided December 28, 1967
Appeal from the Schuyler County Court, CARLETON H. BURRIS, P.J.
Michael Lo Pinto for appellant.
William N. Ellison, District Attorney, for respondent.
Judgment reversed and the information dismissed upon the ground that the information failed to state facts sufficient to allege a violation of section 483 (subd. 1) of the Penal Law ( People v. Onody, 296 N.Y. 305; People v. Hopkins, 208 App. Div. 438).
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE and BERGAN. Judges SCILEPPI, KEATING and BREITEL dissent and vote to affirm. (See People v. Bergerson, 17 N.Y.2d 398.)