People v. Warner — 9 N.Y.2d 670

Majority

p. 670

The People of the State of New York, Respondent, v. Donald Frederick Warner, Appellant.

Argued October 19, 1960;

decided January 19, 1961.

p. 671

J oseph Gerace for appellant.

Edwin G. O’Connor, District Attorney, for respondent.

Judgment reversed and a new trial ordered. (See People v. Oakley, 9 N Y 2d 656 , decided herewith.) No opinion.

Concur: Chief Judge Desmond and Judges Dye, Field, Froessbl, Van Voorhis, Burke and Foster.