Opinion
February 15, 1943.
Appeal from Court of Special Sessions of the City of New York.
Judgment reversed on the law and the facts, the information dismissed and the defendant discharged. The prosecution failed to show a violation of section 352. However, it urges in its brief that defendant was shown to have violated subdivision 6 of section 354 Lab. of the Labor Law, which prohibits the industrial manufacture in a home of certain articles, including dolls' clothing, which the defendant is in the business of manufacturing in his shop. While the latter subdivision was mentioned in the second count of the information, the defendant was not summoned, tried or convicted thereunder. Aside from that, the evidence fails to show that defendant violated the last-mentioned subdivision. Hagarty, Johnston, Adel, Taylor and Lewis, JJ., concur.