Majority
p. 790The People of the State of New York, Respondent, v. Edward Purtell, Appellant.
Judgment of conviction and order of the County Court of Queens county reversed upon the facts, and a new trial ordered upon the ground that defendant’s guilt was not proved beyond a reasonable doubt. Lazansky, P. J., Rich and Kapper, JJ., concur; Hagarty and Scudder, JJ., concur for reversal but are of opinion that the indictment should be dismissed.