
    The People of the State of New York, Respondent, v. James Kelly, Appellant.
    Argued October 7, 1969;
    decided October 30, 1969.
    
      
      Sidney Schmukler for appellant.
    
      Eugene Gold, District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent.
   Concur: Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Chief Judge Fuld and Judge Burke dissent and vote to reverse in the following memorandum: Defendant’s guilt was not proved beyond a reasonable doubt. Although the narcotic drug was found in defendant’s apartment in the pocket of a coat belonging to him, the evidence establishes that he did not have exclusive dominion or control of it, that it was hanging on a door in an open room and that any one of a number of persons who were present had ample opportunity to place the drug in the coat pocket.  