Majority
p. 1040The People of the State of New York, Respondent, v. Phillip Braxton, Appellant.
Judgment unanimously reversed on the law, and in the exercise of discretion, a new trial ordered. On this record there is insufficient evidence to find this defendant guilty beyond a reasonable doubt. However, it is apparent that all the evidence which might have been adduced was not presented. Concur — Breitel, J. P., Rabin, M. M. Frank, McNally and Stevens, JJ.