Opinion
Argued May 15, 1957
Decided July 3, 1957
Appeal from the Court of Special Sessions of the City of New York, Appellate Part, in the first judicial department, EDWARD T. GALLOWAY, M.
Henry Elkind for appellant.
Daniel V. Sullivan, District Attorney ( Irving Anolik and Walter E. Dillon of counsel), for respondent.
Judgments reversed and the complaint dismissed upon the ground that the guilt of defendant has not been established beyond a reasonable doubt. No opinion.
Concur: CONWAY, Ch. J., DYE, FULD, VAN VOORHIS and BURKE, JJ. DESMOND and FROESSEL, JJ., dissent and vote to affirm.