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PEOPLE v. HINGERTON

Court of Appeals of the State of New York.
Feb 19, 1970

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.