Order reversed, the first count of the indictment reinstated and a new trial ordered upon the ground that the jury was warranted in finding defendant a principal under the most favorable inferences to be drawn from the People's evidence and under the court's charge. No opinion.
Concur: Judges SCILEPPI, BREITEL, JASEN and GIBSON. Chief Judge FULD and Judges BURKE and BERGAN dissent and vote to affirm on the opinion at the Appellate Division.