
    PEOPLE v. OLESKY
    Appeal from Recorder’s Court of Detroit, Joseph A. Gillis, J.
    Submitted Division 1 January 13, 1970, at Detroit.
    (Docket No. 7,323.)
    Decided January 29, 1970.
    John Olesky was found guilty of breaking and entering and damaging a safe. Defendant appeals.
    Reversed and remanded for a new trial.
    
      Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Samuel J Torina, Chief Appellate Lawyer, and William B. McIntyre, Jr., Assistant Prosecuting Attorney, for the people.
    
      James Soltess and Kenneth A. Webb, for defendant on appeal.
    Before: Danhop, P. J., and Fitzgerald and Mc-Gregor, JJ.
   Per Curiam.

Defendant, along with Patrick Mc-Allister, was found guilty of breaking and entering, MCLA § 750.110 (Stat Ann 1969 Cum Supp § 28.305), and damaging a safe, pursuant to CL 1948, § 750.531 (Stat Ann 1954 Rev § 28.799).

Upon discovery of new evidence, McAllister’s conviction was reversed and remanded for a new trial. See People v. McAllister (1969), 16 Mich App 217. Defendant Olesky was granted a delayed appeal after submitting some newly-discovered evidence. We have examined the new evidence and hold that it falls within the purview of People v. Keiswetter (1967), 7 Mich App 334, 343, 344; and People v. McAllister (1969), 16 Mich App 217, 218.

Reversed and remanded for a new trial.  