Opinion
March 20, 1950.
Order of the Court of Special Sessions of the City of New York, Borough of Brooklyn, dismissing the information, which charges the sale of alcoholic beverages to minors, and the permitting of minors to enter and remain on the premises unaccompanied, on the ground that an acquittal on similar charges is a bar to the prosecution, and in the interests of justice, reversed, the motion denied, and the information reinstated. None of the charges set forth in the four counts of the information was made nor heard upon the trial of the earlier information. There is no basis in the record for an exercise of discretion to dismiss granted by the Code of Criminal Procedure (§ 671). Nolan, P.J., Carswell, Adel, Wenzel and MacCrate, JJ., concur.