Majority
p. 977The People of the State of New York, Respondent, v. Johnson Carmichael and Arthur Roberts, Appellants.
Judgment of conviction and order reversed on the facts and a new trial granted. Appeal from order denying defendants’ motion for a new trial on the ground of newly discovered evidence dismissed as academic. All concur, except Taylor, P. J., who dissents and votes for affirmance. (The judgment convicts defendants of the crime of attempted robbery, first degree. The orders deny motions for a new trial.) Present — Taylor, P. J., Harris, McCurn, Larkin and Love, JJ.