Opinion
Argued March 8, 1965
Decided April 15, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANTHONY M. LIVOTI, J.
Harris B. Steinberg, Stanley S. Arkin and Richard E. Leavitt for appellant.
Frank D. O'Connor, District Attorney ( Eugene Feldman of counsel), for respondent.
Judgment reversed and indictment dismissed upon the ground that there was no proof to establish defendant's guilt beyond a reasonable doubt. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.