
    The People of the State of New York, Respondent, v. William Kelly, James Grainger and John Locascio, Appellants.
   Judgment of conviction of the County Court of Nassau county reversed upon the law, and a new trial ordered, upon the ground that there was a material variance between the indictment and the proof on the trial. (People v. Dumar, 106 N. Y. 502; People v. Corbalis, 178 id. 516.) Jaycox, Manning, Young and Lazansky, JJ., concur; Kelly, P. J., dissents, and votes to affirm, upon the ground that the alleged variance is immaterial.  