Order of January 30, 1962 resettled to provide: Ordered that the judgment of conviction be and hereby is reversed and a new trial granted for the reasons and purpose stated in People v. Loria (10 N Y 2d 368) and upon its authority. We do not consider the other contentions advanced by appellant herein to warrant a reversal. Except for the asserted question of law the court would have affirmed on the facts. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.