
    The People of the State of New York, Respondent, v. Theodore Toth, Appellant.
    Argued November 23, 1965;
    decided December 1, 1965.
    
      Benjamin T. Juceam for appellant.
    
      Aaron E. Koota, District Attorney (Raymond J. Scanlan and Harry Brodbar of counsel), for respondent.
   Judgment reversed and information dismissed upon the ground that defendant was not proven guilty of the offenses charged beyond a reasonable doubt.

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