People v. Kelly

Judgment of conviction of the County Court of Nassau county reversed upon the law, and a new trial ordered, upon the ground that there was a material variance between the indictment and the proof on the trial. (People v. Dumar, 106 N. Y. 502; People v. Corbalis, 178 id. 516.) Jaycox, Manning, Young and Lazansky, JJ., concur; Kelly, P. J., dissents, and votes to affirm, upon the ground that the alleged variance is immaterial.