Opinion
October 10, 1941.
Present — Martin, P.J., O'Malley, Townley, Glennon and Untermyer, JJ.
Judgment unanimously reversed, the complaint dismissed and the fine remitted, upon the ground that there is no proof in the record to sustain a charge of violation of the provisions of subdivision 5-a of section 70 Veh. Traf. of the Vehicle and Traffic Law.