Majority
p. 945The People of the State of New York, Respondent, v. Charles Wilson and Edward Gossling, Appellants. Argued April 18, 1961; decided May 18, 1961.
p. 946
John M. Tubridy for appellants.
Carman F. Ball, District Attorney (Leonard F. Walentynowics of counsel), for respondent.
Judgment, insofar as appealed from by defendant Wilson, modified by (1) reversing the conviction under the third count of the indictment, and (2) by dismissing that count, and, as so modified, affirmed upon the ground that the charge contained in this count was not proved beyond a reasonable doubt. Judgment, insofar as appealed from by defendant G-ossling, affirmed. No opinion.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Fboessel, Van Voobhis, Bubke and Fosteb.