Opinion
Argued February 19, 1964
Decided February 27, 1964
Appeal from the Supreme Court in the Second Judicial Department, HARRY SERPER, J., BENJAMIN H. SCHOR, J.
Nathan Cyperstein and Philip Weiss for appellant.
Edward S. Silver, District Attorney ( Raymond J. Scanlan, David Diamond and Harry Brodbar of counsel), for respondent.
Judgment reversed and the information dismissed upon the ground that the guilt of defendant was not established beyond a reasonable doubt. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, SCILEPPI and BERGAN. Judges DYE, VAN VOORHIS and BURKE dissent and vote to affirm.