
    The People of the State of New York, Respondent, v. David B. Sissman, Appellant.
    Argued October 29, 1963;
    decided November 21, 1963.
    
      
      Max A. Gulack and Louis Masheb for appellant.
    
      Leo A. Larkin, Corporation Counsel (Edward J. McLaughlin and Seymour B, Quel of counsel), for respondent.
   Judgment reversed and the complaint dismissed upon the ground that appellant had previously been acquitted of what was, in substance, the same charge. No opinion.

Concur: Judges Fuld, Van Vookhis, Burke and Foster. Chief Judge Desmond and Judges Dye and Scileppi dissent and vote to affirm.  