
    PEOPLE, Respondent, v. RYAN, Appellant.
    (Supreme Court, Appellate Division, Second Department.
    April 28, 1911.)
    Proceeding by the People of the State of New York against Peter Ryan.
   PER CURIAM.

Judgment of conviction of the County Court of Westchester county, and order reversed, and new trial ordered, upon the grounds, first, that the identity of the defendant with the person or persons committing the crime of burglary on May 26, 1908, is not established beyond a reasonable doubt; and, second, that the learned trial judge erred in admitting the testimony, given upon the trial, of the witness Debarberi, for the purpose of impeaching the said Debarberi, who had been called ‘by the people.  