Majority
p. 962The People of the State of New York, Respondent, v. Jake Bataglia, Appellant.
Judgment of conviction reversed and new trial granted. Held, 1. That the evidence is not so clear and convincing that it can be said that the improper remarks of the district attorney in summing up did not affect the result. 2. In view of this holding it is unnecessary to pass upon the sufficiency of the indictment. All concurred.