
    The People of the State of New York, Respondent, v. John H. Costello, Appellant.
   Judgment of conviction of the County Court of Nassau county reversed upon the law and the facts, indictment dismissed and defendant discharged 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.  