
    The People of the State of New York, Respondent, v. Donald Frederick Warner, Appellant.
    Argued October 19, 1960;
    decided January 19, 1961.
    
      
      J oseph Gerace for appellant.
    
      Edwin G. O’Connor, District Attorney, for respondent.
   Judgment reversed and a new trial ordered. (See People v. Oakley, 9 N Y 2d 656, decided herewith.) No opinion.

Concur: Chief Judge Desmond and Judges Dye, Field, Froessbl, Van Voorhis, Burke and Foster.  