People v. Herrmann — 9 N.Y.2d 665

Majority

p. 665

The People of the State of New York, Respondent, v. George Herrmann, Appellant.

Argued November 30, 1960;

decided January 19, 1961.

p. 666

Nancy Carley and John F. X. Sheridan for appellant.

Frank D. O’Connor, District Attorney (Morton Greenspan and Howard D. Stave of counsel), for respondent.

Judgment reversed and a new trial ordered upon the authority of the dissenting memorandum in the Appellate Division. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.