Opinion
December 18, 1944.
Appeal from Court of Special Sessions of the City of New York, Borough of Brooklyn.
Judgment of conviction reversed on the law, the information dismissed, and the fine remitted, on the ground that the evidence was insufficient to warrant the finding of guilt beyond a reasonable doubt. ( People v. Carpenito, 292 N.Y. 498; People v. Richardson, 287 N.Y. 563; People v. Marra, 289 N.Y. 703; People v. Soshtain, 288 N.Y. 658; People v. Sommers, 267 App. Div. 883.) Close, P.J., Hagarty, Johnston and Adel, JJ., concur; Carswell, J., not voting.