Majority
p. 900The People of the State of New York, Respondent, v. Salvatore Rizzo, Appellant.
We think that upon the trial of an indictment for blackmail, in sending a threatening letter in April, it was reversible error to prove an act committed in the following December, similar to the act threatened, and with which the defendant was not connected by any proof. Judgment of conviction and order reversed and new trial granted. Jenks, P. J., Carr, Rich and Stapleton, JJ., concurred; Putnam, J., voted to affirm.