*1031Order reversed and a new trial ordered (People v. Lopez, 7 N Y 2d 825; People v. Liebenthal, 5 N Y 2d 876); no opinion.

Concur: Chief Judge Desmond and Judges Dye, Froessel and Burke. Judges Fuld, Van Voorhis and Foster dissent and vote to affirm upon the ground that the testimony offered on behalf of the People is incredible as a matter of law.