Majority
p. 863The People of the State of New York, Respondent, v. Dominick Visconti, Appellant.
Judgment of conviction by the Court of Special Sessions reversed and a new trial ordered, on the ground that the evidence does not warrant a finding that defendant had consummated the crime charged in the information, although the evidence would have justified a finding of an attempt to commit the crime charged. Blaekmar, P. J., Jaycox and Manning, JJ., concur; Kelly and Young, JJ., dissent and vote to affirm.