Froessel, J. (dissenting). We agree with the majority as to a reversal, but dissent as to the dismissal of the indictment and vote to order a new trial. In our opinion, the 1948 amendment to section 486 of the Penal Law may not be deemed retroactive as to criminal acts committed before but not finally prosecuted until after said amendment became effective. By said amendment the' Legislature, as is evident from t…
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