PEOPLE v. KELLY

Judgment unanimously reversed, the indictment dismissed, and defendant released from custody. On the entire record there was insufficient proof to establish, beyond a reasonable doubt, the unlawful intent. (See People v. Adamkiewicz, 298 N.Y. 176.)

Concur — Breitel, J.P., Botein, Rabin, Valente and McNally, JJ.