
    The People of the State of New York, Respondent, v. Wade Davis, Appellant.
    Submitted December 9, 1968;
    decided December 12, 1968.
    
      Kalman Finkel and Anthony F. Marra for appellant.
    
      Frank S. Hogan, District Attorney (Lewis R. Friedman and Michael R. Juviler of counsel), for respondent.
   Judgment reversed and the information dismissed. As frankly acknowledged by the District Attorney, defendant was not proven guilty of the crime charged beyond a reasonable doubt.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.  