Majority
p. 630The People of the State of New York, Respondent, v. Francis Carroll, Appellant.
Judgment of the County Court of Suffolk county convicting defendant of the crime of rape in the first degree, and order, reversed on the law and the facts and a new trial ordered. We are of opinion that the guilt of the defendant was not proved beyond a reasonable doubt. Lazansky, P. J., Scudder and Tompkins, JJ., concur; Davis and Johnston, JJ., dissent and vote to affirm.