Majority
p. 793The People of the State of New York, Respondent, v. Claude Burlingame, Appellant.
Judgment of conviction of the County Court of Dutchess county, and order denying new trial, reversed on the law and the facts, and a new trial ordered, upon authority of People v. Burlingame ( 213 App. Div. 331 ), decided herewith. Kelly, P. J., Rich and Manning, JJ., concur; Jaycox and Young, JJ., concur in the result.