Majority
p. 773The People of the State of New York, Respondent, v. Paul Commerato, Appellant, Impleaded with Others.
Judgment reversed, the indictment dismissed and the defendant discharged, upon the ground that the evidence does not establish beyond a reasonable doubt that the defendant participated in the commission of the crime charged. Present — Martin, P. J.; Merrell, Townley, Glennon and TJntermyer, JJ.