Opinion
Submitted January 9, 1963
Decided February 21, 1963
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES C. CRANE, J.
John M. Braisted, Jr., District Attorney ( Pasquale E. Di Vernieri of counsel), for appellant.
Nicholas Reigi for Alfonso Norris, defendant.
Orders affirmed; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and FOSTER. Judges DYE and SCILEPPI dissent and vote to reverse and to order a new trial upon the ground that the proof was sufficient to establish that defendants were aiding and abetting the sellers (Penal Law, § 2).