Opinion
Argued October 20, 1959
Decided December 30, 1959
Appeal from the Court of Special Sessions of the City of New York, Appellate Part, in the Second Judicial Department, T. VINCENT QUINN, M.
Jack Strauss for appellant.
Frank D. O'Connor, District Attorney ( Morton Greenspan of counsel), for respondent.
Judgment affirmed (see People v. Liebenthal, 5 N.Y.2d 876). No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, VAN VOORHIS and BURKE. Judges DYE, FULD and FROESSEL dissent and vote to reverse and to dismiss the complaint upon the ground that defendant's guilt has not been established beyond a reasonable doubt.