
    The People of the State of New York, Appellant, v. John Evans, Respondent.
    Argued February 29, 1960;
    decided March 31, 1960.
    
      Frank D. O’Connor, District Attorney (Howard D. Stave of counsel), for appellant.
    
      Fred Newman for respondent.
   Order reversed and a new trial ordered (People v. Lopez, 7 N Y 2d 825; People v. Liebenthal, 5 N Y 2d 876); no opinion.

Concur: Chief Judge Desmond and Judges Dye, Froessel and Burke. Judges Fuld, Van Voorhis and Foster dissent and vote to affirm upon the ground that the testimony offered on behalf of the People is incredible as a matter of law.  