I concur. Defendant was indicted under one clause of a section of the Penal Law, and the conviction is sought to be sustained under another which is not applicable.
Judgment reversed and defendant discharged. Order to be settled on notice.
I concur. Defendant was indicted under one clause of a section of the Penal Law, and the conviction is sought to be sustained under another which is not applicable.
Judgment reversed and defendant discharged. Order to be settled on notice.