Opinion
January 19, 1967
Appeal from the of Monroe County Court.
Present — Williams, P.J., Bastow, Henry, Del Vecchio and Marsh, JJ.
Judgment unanimously reversed on the law and the facts as to the first and second counts of the indictment, and as to said counts indictment dismissed, and in all other respects judgment affirmed. Memorandum: The proof did not establish the essential elements of the crimes of conspiracy, contrary to section 580-a of the Penal Law, and murder first degree, contrary to sections 2 and 1044 of the Penal Law as to defendant.