Judgment of conviction of the County Court of Nassau county reversed upon the law and the facts, indictment dismissed and defendant dis*778charged upon the ground stated in People v. Abramoski (ante, p. 777), decided herewith. Appeal from order denying defendant’s motion for a new trial dismissed. Lazansky, P. J., Young, Kapper and Carswell, JJ., concur; Davis, J., dissents and votes for affirmance.