Opinion
Argued February 18, 1931
Decided March 24, 1931
Appeal from the Supreme Court, Appellate Division, Second Department.
Harry G. Anderson, Alex B. Mutterperl and Frank G. Colgan for appellant.
William F.X. Geoghan, District Attorney ( Henry J. Walsh and Thomas J. Sefton of counsel), for respondent.
Judgment of the Appellate Division and that of the Court of Special Sessions reversed and information dismissed on the ground that there is no evidence that the defendant had knowledge of any damage within the meaning of the statute; no opinion.
Concur: CARDOZO, Ch. J., CRANE, LEHMAN, KELLOGG and O'BRIEN, JJ. Not sitting: POUND and HUBBS, JJ.