Opinion
December 15, 1953.
Present — Peck, P.J., Dore, Cohn, Breitel and Bastow, JJ. Dore, J., dissents on the ground that the crime charged was not established beyond a reasonable doubt.
Judgment affirmed. We are not required in this case to pass upon the right of the defendant to eject the complainants from the hotel premises, as the judgment is sustainable in any event upon the ground that excessive force was used.