Opinion
Argued September 6, 1974
Decided October 7, 1974
Appeal from the Chautauqua County Court, LEE T. ADAMS, J.
Bruce K. Carpenter for appellant.
Robert E. Seydel, Assistant District Attorney, for respondent.
Order reversed and the information dismissed on the ground that defendant's guilt was not established beyond a reasonable doubt (CPL 70.20; People v. Ledwon, 153 N.Y. 10).
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN, STEVENS and WITMER.
Designated pursuant to section 2 of article VI of the State Constitution.