People v. Acevedo — 32 N.Y.2d 807

Majority

p. 807

The People of the State of New York, Respondent, v. Angelo Acevedo, Appellant.

Argued April 30, 1973;

decided May 4, 1973.

p. 808

John Nicholas lannuzzi for appellant.

Frank S. Hogan, District Attorney (Hugh Anthony Levine and Michael R. Juviler of counsel), for respondent.

Order reversed for the reasons stated in the dissenting opinion at the Appellate Division and a new trial ordered on counts

p. 809

of the indictment submitted to the jury but upon which a verdict was not returned.

Concur: Chief Judge Furo and Judges Burke, Breitel, Jasen, Gaerielli, Jones and Wachtlbr.