Opinion
December 7, 1959
Appeal from an order of the Court of Special Sessions of the City of New York, Kings County, dismissing an information before trial on the court's own motion. Order reversed, and motion denied. There was a sufficient showing of a prima facie case against respondent ( People v. Eaton, 122 App. Div. 706, 710, affd. 192 N.Y. 542). Hence, dismissal of the information was improper. Nolan, P.J., Beldock, Hallinan and Kleinfeld, JJ., concur; Murphy, J., deceased.