Opinion
Argued October 19, 1960
Decided January 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ROLLIN A. FANCHER, J.
Joseph Gerace for appellant.
Edwin G. O'Connor, District Attorney, for respondent.
Judgment reversed and a new trial ordered. (See People v. Oakley, 9 N.Y.2d 656, decided herewith.) No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.