Majority
p. 881(October 22, 1971) The People of the State of New York, Respondent, v. James R. Johnson, Appellant.
Motion granted. Opinion amended by deleting the sentence thereof which would reverse in the interests of justice. Decision dated July 15, 1971 [ 37 A D 2d 218 ] amended to provide “ Judgment reversed, on the law, and a new trial ordered.” Order entered July 23, 1971 resettled to provide “ Ordered that the judgment of conviction, be and hereby is reversed, on the law, and a new trial ordered. Questions of fact have been considered and the court affirms the facts and would not grant a new trial on the facts ”. Reynolds, J. P., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.
Cases cited
- People v. Johnson 37 A D 2d 218 p. 881