¶1Judgment reversed and complaint dismissed upon the ground that the evidence was insufficient to support the conviction. No opinion.
¶2Concur: Judges Dye, Fuld, Froessel, Van Voorhis and Foster. Chief Judge Desmond and Judge Burke dissent and vote to affirm (People v. Harvey, 307 N. Y. 588, 590; People v. Lundstedt, 6 N Y 2d 898; People v. MacDonnell, 7 N Y 2d 806; People v. Mathews, 7 N Y 2d 1000).